The URL can be used to link to this page

PL 03/15/1995 - 7081� City of Fridley A G E N D A PLANNING COMMISSION MEETING WEDNESDAY, MARCH 15, 1995 7:30 P.M. LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL TO ORDER• ROLL CALL: APPROVE PLANNING COI�IISSION MINUTES: February 15, 1995 PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #95- 04, BY ALBERT BRAMA FOR AUTO-TECH RESOURCES: Per Section 205.17.O1.C.(9) of the Fridley City Code, to allow an auto repair garage to be located on Lot 3, Block 1, Central View Manor 2nd Addition, generally located at 1175 - 73 1/2 Avenue N.E. . PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #95- 0_3_� BY LYNDALE TERMINAL COMPANY : Per Section 205.15.01.C.(11) of the Fridley City Code, to allow �. garden centers or.nurseries which require outside display or storage of inerchandise, on Lot 1, Block 1, Holiday North ist Addition, generally located at 250 - 57th Avenue N.E. (Holiday Plus Store) CONSIDERATION OF A VACATION REOUEST, SAV #95-01, BY THE CITY OF FRIDLEY: To vacate all that part of the egress road from T.H. 47 (University Avenuej lying over Lots 29 and 30, Block 12, Hyde Park, in order to construct a single family home on the property, generally located at 5900 - 3rd Street N.E. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF FEBRUARY 6. 1995 RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING O� FEBRUARY 9, 1995 OTHER BUSINESS: ADJOURNMENT � � SION I5, 1995 ad� �'�, ,''�� CITY OF FRIDLEY PLANNINt� CONII�lISSION MEETIN(�, FEBRIIARY 15 � 1995 CALL TO ORDER• Chairperson Newman called the February 15, 1995, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Members Absent: Others Present: Dave Newman, Dave Kondrick, LeRoy Oquist, Diane Savage, Dean Saba Brad Sielaff, Connie Modig 5cott Hickok, Planning Coordinator Gary Vander Vorst, Erickson Oil Products APPROVAL OF FEBRIIARY 1. 1995. PLANNING COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Saba, to approve the February 1, 1995, Planning Commission minutes as written. IIPON.A VOICE VOTE, ALL VOTI1dG AYE� CHAIRPERBON NEWMAN DECLARED THE MOTICIN CARRIED "IINANIMOIISLY. APPROVAL OF AGENDA: MOTION by Mr. Oquist, seconded by Ms. Savage, to approve the agenda. IIPON A VOICE VOTE, ALI, VOTING AYE, CBAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #95-01. BY ERICRSON OIL PRODIICT$: Per Section 205.14.O1.C.(5) of the Fridley City Code, to allow construction of a motor vehicle fuel dispensing , service, convenience store, and car wash, on I�t 1, Block 1, Commerce Park, generally located at 7600 University Avenue N.E. (Conoco) MOTION by Mr. Rondrick, seconded by Mr. Oquist, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON rlEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:33 P.M. Mr. Hickok stated the request for a special use permit is for the property located at 7600 University Avenue N.E. The property is � zoned C-2, General Business District and is currently the location of a Conoco convenience store/motor fuel operation. The __._.........._..... _ r a PLANNING COMMI88ION MEETING FEBRIIARY 15 1995 PAGE 2 � property is located just south of Osborne Road and west of University Avenue, and is bordered on the west by a service road to University Avenue. Mr. Hickok stated the request is to modify the site by removing the current building and constructing a new structure, modifying the islands and pumping locations, aMd modifying the landscaping. On the existing site plan, the bituminous surface extends to the property lines. On the Osborne Road side, the property currently has two access drives. The proposed plan would close one access drive onto Osborne Road. The proposed access drive would be centered along the property and would provide a better distance from the University service raad. The proposed plan also provides for another access drive on the University service road. Mr. Hickok reviewed the proposed site plan. The proposed building is situated in such a way to allow the pumps to be on the north side of the building. This also increases the landscaped area by pulling back some of the hard surface from the property line. In doing so, there is more area for landscape materials which will soften the impact of the building. The fuel tanks will be located at the northeast corner.of the site. Mr. Hickok stated staff considered the fact that the Code '� requires a 20-foot setback from the property line surrounding the site.. Along the University Avenue side, the setback has been � reduced to 5 feet to help with traffic circulation and to alleviate the hardship of having roads on all sides of the property. This is probably the best side to reduce the setback because of the large boulevard. There is still a plan to maintain adequate landscaping along the University Avenue side. The Appeals Commission considered the request and approved it as submitted. Mr. Hickok stated staff, during thei:r review, observed the tank location. There was information in the file going back to 1984 regarding the tank location, and concern about having trucks that come in to fill the tanks and block traffic. With the setback variance, it does allow trucks to fill the tanks at this location while allowing traffic to circulate properly. Mr. Hickok showed the elevations for the building design. From an architectural standpoint, staf�--a-re pleased with the appearance of the building. Mr. Hickok stated, as staff reviewed the request, there were some concerns as they relate to a motor fuel and car wash operation. An operation such as this tends to have a higher number of signs than other types of operations. The petitioner has submitted a � preliminary sign package. Staff are reviewing this information which appears to be in compliance. Staff recommends approval of .. , ... . , _1 �,`..xsUU�•:�;�:•;;.-:-� fN,.s `:•�,;•••.:e„ „UU:., . ,,.•. . .. �-� .'. �>tr,;io::1u2�2�z+:,ifb7f23liii:i74tiii2{21�f2iifii.f.Sifb:)7itii:i7:>: :>2S7i2�.i23YS2Ai,Yi?L2i!t)tsi)UtSUt>�K52ft733.5t�i1.5i]tst>ifU25t5t5252525.52RSi5iSif13:52sif2t�itSi)2tiRfiSl52SiSi52R}2 � • � pLANNING COMMISSIOld MEETINC3 FEBRIIARY 15 1995 PAGB 3 the request with the following stipulations: 1. All signs shall be reviewed and approved by staff to assure compliance wit Chapter 214 of the City Code. 2. The petitioner shall install underground irrigation if it does not already exist. 3. The petitioner shall submit a performance bond in the amount of 3% of the construction costs prior to issuance of a building permit. 4. The petitioner shall submit the requested hydraulic calculations. 5. The petitioner shall comply with all outdoor sales and storage requirements in Chapter 205 of the Fridley City Code. � 6. Proper signage will be required to direct waiting cars to allow vehicles to enter and exit the site, while other vehicles wait to enter the wash. � � Mr. Hickok stated stipulation #6 addressed a concern about the stacking distance for the car wash and what that does to the access from the west. Perhaps this can be accomplished by posting a sign not to block that access drive. Also, to the north the petitioner is proposing one access along Osborne. Staff would like to have the County.submit in writing their approval of this plan to be sure it is consistent with the County's plan to improve Osborne in the future. The County plans to add a turn lane in the future. Staff is proposing stipulation #7 to be sure the petitioner is not in conflict with the proposed turn lane. 7. The County shall submit in writing their approval of the petitioner's site plan to verify it is consistent with the County's plan for future improvements to Osborne Road. Mr. Kondric�t stated the site plan at the exit to the car wash shows a large tree. Would this affect visibility? Mr. Hickok stated staff talked to �re petitioner about this. Staff are concerned about the cars exiting the car wash and having clear visibility. Staff will review plans to assure there will be low plantings at this location in order to insure appropriate visibility. � Mr. Rondrick asked if there was sufficient parking for employees and for customers who stop at the convenience but who do �ot purchase gasoline. ' . . ... ... . .................... ...... .....,-. . . _ ..................... . ....,.,........,.. . ..,..,......,..,,,,..,....,...,.,,,.,.,�,.,.....,.,<,., ;.�,.,<> �,h. ,.`Y , PLANNING COMMISBION MEETINQ. FEBRIIARY 15, 1995 PAGE 4 Mr. Hickok stated the code requires 25 parking spaces based on the 3,615 square foot footprint of the building. By counting the parking spaces and the spaces at the pumping islands, the petitioner does meet the code requirement of 25 spaces. Staff has historically allowed operations such as this to count pump spaces as parking spaces. The industry experience has been that this is adequate parking. Mr. Rondrick stated he mentions this because another gas station in the City has a number of parking spaces for employees and patrons. Those spaces seem to be occupied with customers doing business other than purchasing gasoline. Mr. Vander Vorst stated the company has taken this into consideration. There are some parking spaces to the south and west of the building and by the tanks. Their experience has been that most customers are parking at the islands and then go in to pay for that purchase and pick up other items. Ms. Savage asked if the operation would have a.cash machine. Mr. Vander Vorst stated yes. Mr. Kondrick stated there are numerous other functions that take place at a gas station and�wanted to make sure this has been considered. Mr. Vander Vorst stated a firm they have worked with in tlZe past has reviewed the plan. This is the best plan they could come up with for this location. Mr. Newman asked how many stacking spaces are provided for the car wash. Mr. Hickok stated they anticipate there are probably five stacking spaces with the fifth car in the driving aisle. Mr. Kondrick asked what type of car wash they would have. Mr. Vander Vorst stated this would be an automatic car wash with cloth brushes. The car wash would not-be manned. The number of employees at this location would be typically three employees which includes two cashiers and a-man�ger. He did not know if there was any parking nearby that the employees could use. Ms. Savage asked how the access from Osborne is different. Mr. Hickok stated the current site has two access drives close to the intersections. The proposed plan has one access more in the center. This is felt to be a more optimum location. The access to the south has also been redesigned. One of the benefits of / 1 � � !�� PLANNING COMMI88ION MEETING. FEBRIIARY 15. 1995 PAGE 5 pulling that access back is that it creates a curve in the drive thus discouraging drivers from using the site as a shortcut to the intersection. Mr. Hickok stated, in order to give the Commission a sense of the parking, he visited two Erickson Oil Products sites to see what their parking situation was. In both cases, they had a similar number of parking stalls and, in both cases, they were given credit for the parking at the pumps. When he visited the sites on a weekend, there did not appear to be problems. The pumps and guest parking seemed to function properly. He however was not there at a heavy car wash time. Mr. Newman asked if the special use permit was for all functions including the gas station, convenience store and car wash. Mr. Hickok stated the special use permit was for fuel and�car wash operations. The zoning is correct for a convenience store in this location without a special use permit. Mr. Oquist asked if a special use permit would be required if the operation is just a gas/service station. � Mr. Hickok stated, if someone were go to reuse or remodel the� existing building, they would not need to go through the process because the special use permit goes with the land. This request is being reviewed.because the site is being cleared and redeveloped. Mr. Vander Vorst stated, on behalf of Erickson Oil Products, they are proud of their company and pleased with the proposed design. He felt the photographs presented did not do justice to their facility. The copper-colored roof and the brick building is aesthetically pleasing. They are anxious to become a part of the community. Mr. Oquist asked if the City needed to include anything in the special use permit regarding removal of the existing tanks. Mr. Hickok stated the State has very tight regulation� regarding the removal of tanks, and staff feels the City has a safety net there for the removal. �.--- Mr. Oquist asked if the State regulations also cover the proper installation of the new tanks. Mr. Aickok stated yes. With the redevelopment of the site, the new installation will include modern tanks and the installation ^ must meet State requirements. � PLANNING COMMI88ION MEETING FEBRIIARY 15 1995 PAGE 6 � Mr. Vander Vorst stated the underground storage tanks are installed according to EPA and MPCA guidelines. MOTION by Mr. Kandrick, seconded by Ms. Savage, to receive into the minutes a letter dated December 28, 1994, from Mr. Michael Blackburn, Branded Marketing Manager, Conoco, Inc. IIPON A VOICE 90TE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close tiie public hearinq. IIPON A VOICE VOTE� ALL VOTING AYE� CBAIRPERSON r�FWMAI�T DLCLARED THE MOTION CARRILD AND THE pIIBLIC HEARING CLOBED AT 7:55 P.M. Ms. Savage stated she would recommend approval. She heard the matter at the Appeals Commission meeting and thought the proposal would be an asset to the community. She was impressed with the architectural design and is particularly impressed with the plan for more green space. This is a corner where there is a need for a gas station, there is a need for a car wash, and she would recommend approval with the seven stipulations. � MOTION by Ms. Savage, seconded by Mr. Saba, to recommend approval of Special Use Permit, SP �95-01, to allow construction of a motor vehicle fuel dispensing service, convenience store, and car wash, on Lot l, Block 1, Commerce Park, generally located at 7600 University Avenue N.E. (Conoco), with the following stipulations: 1. Al1 signs shall be reviewed and approved by staff to assure compliance wit Chapter 214 of the�City Code. 2. The petitioner shall install underground irrigation if it does not already exist. 3. The petitioner shall submit a performance bond in the amount of 3% of the construction costs prior to issuance of a building permit. 4. The petitioner shall submit the requested hydraulic calculations. 5. The petitioner shall comply with�all outdoor sales and storage requirements in Chapter 205 of the Fridley City Code. 6. Proper signage will be required to direct waiting cars to allow vehicles to enter and exit the site, while other vehicles wait to enter the wash. �"1 „, ,�.is�� ;> ��.. ,� ,�,t,�.��ists. .,.�i>. . .•� . .3�>>s.: i �a2f2>,n.i..i3-, .. >_.t 3?....:2...i�t 2§:ii?;2732��Y��3�i��t32i:ii?2r�32sii�s:i>,itiirii��{.��tidi� 2;>i��iaf;��ii �, isiui��i�i�2i:i2i�3iti{2iditi� � „ o,. .'ta .. . � ... . . . . ... . . . �. �. . �. , � / \ pLANNING COMMISSION MEETIN(� FLBRIIARY 15 1995 PAGE 7 7. The petitioner shall submit documentation that Anoka County has reviewed and approved the new access onto Osborne Road. IIPON A VOICE 90TE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARLaD THE MOTION CARRIED IINANIMOIISLY. Mr. Hickok stated the City Council at their February 27 meeting would establish the public hearing and the public hearing would be held on March 13. 2. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEFTING OF JANUARY 9. 1995 Mr. Kondrick stated the Parks & Recreation Commission has a new member, Sue Price, whom he feels will�be asset to the Commission. Ms. M. J. Schreiner has resigned from the Commission and she will be missed. Efforts are underway to secure another member for the Co�nission. OM TION by Mr. Kondrick, seconded by Mr. Oquist, to receive the Parks & Recreation Commission minutes of January 9, 1995. � IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPLRSON NSWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF JANUARY 12, 1995 MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the Housing & Redevelopment Authority minutes of January 12, 1995. IIPON A VOICE VOTE� ALL VOTING AYE, CBAIRPTRSON NEWMAN DECLAR�D THE MOTION CARRIED UNANIMOIISLY. 4. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY & ENERGY COMMISSION MEETING OF JANUARY 17. 1995 MOTION by Mr. Saba, seconded by Ms. Savage, to receive the Environxnental Quality & Energy Commission minutes of January 17, 1995. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED ._._— - THE MOTION CARRIED IINANIMOUSLY. 5. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETI1dG OF JANUARY 31, 1995 � MOTION by Ms. Savage, seconded by Mr. Kondriak, to receive the Appeals Commission minutes of January 31, 1995. �� , PLANNING COMMISSION MEETING F�BRIIARY 15 1995 PAGE 8 l"1 IIPON A VOICE VOTE� ALL VOTING AYB� CBAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 6. RECEIVE THE MINUTES OF THE HUMAN RESOIIRCES COMMISSION MEETING OF FEBRUARY 2 1995 MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the Human Resources Commission minutes of February 2, 1995. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPLRSON NLWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE FEBRIIARY 15, 1995, PLANNING COMMISSION MEETING ADJOIIRNED AT 8:02 P.M. Respectfully submitted, �'� �� " �� Lavonn Cooper Recording Secretary � . ^ � /�`\ � �, S I G N— IN S H E E T PLANNING COMMISSION MEETING, Wednesday, February 15, 1995 Name Address/Business � Cr �� r / /�-3/ _�h�.SN�a.�% � � � uC .�r��c,�s�, �d ( l��2�c�.3 - c� - �. FEB-13-95 M0� 9:28 EF:ICKSON OIL � FAX N0. 1715386�U22 ��s��a c«wco tac. P.a. 8ox 1267 Ponaa Ciry. OK 74803 r. UL/ UG ^ • � - December 28, 1994 ,r ' , To w�am it m�y concern:-• . As the current ownsrs af Conoca facilities located at 1757 6 Highway 7, Minnetonk�, and 7800 N.E, Uriiversity Orive; Fridley, we 2i�rthorize Ecickson Oi! to have access to site pian approva(s, including v�ria�ces and _c�nd'rtional use pe�miis. a�d othe� permits a� appro�riat�. . , • . • . . ,�,�� Michael Btackburn BraRded Marketing Manager Ponca City, Ok. _ . ,- � r1 ,"1 r� . ... . . . . . . . . . ..;. . ..... .... . ._ . . f . . . .. _ .... ... . . . . . . ...: f. _, s � � S 7�AF F REP O]�T Community Development Department .�ppcals Co��imission Datc Planning Commission Date City Council Date APPLICATION NIIMBER: SP 95-04 PETITIONER: A1 Brama, Auto-Tech Resources - petitioner Scott Lund, Rylund Properties - owner LOCATION: . March 15, 1995 1175 - 73 1/2 Avenue; the property is zoned M-1, Light Industrial. RE4IIEST: Issuance of a special use permit to allow an auto body repair shop in accordance with Code Section 205.17.O1.C(9) BACRGROIINDS THE SITE• On June 20, 1994, the City Council approved a plat (P.S. #94-01) to allow Scott Lund, Rite-Way Mobile Home Repair to create a lot for their proposed 13,000 s.f. inulti-tenant industrial �uilding. The building was constructed in late 1994 and is partially occupied. Rite-way Mobile I�ome Repair ocaupies the majority of this building at 1175 73 1/2 Avenue. On July 11, 1994, the City Council approved a request By Scott Lund for a vacation of a 15' drainage and utility easement (SAV #94-01) which traversed the middle of the site. A 6 foot high screening fence along the west property line was required as part of the recent plat approval. The fence was to be a chain link fence with metal slats. The M-1 zoninq require that the Lund property conforms with the following provisions: -- The outdoor storage shall occur on a hard surface. -- The materials to be stored shall be less than 15 feet in height. -- The materials to be stored shall not be seen from the public right-of-way. ' -- The petitioner s�all install a qate with slats parallel to the rear line of the building. Auto Tech Resources, SP �95-04 March 10, 1995 Page 2 **STIPIILATION** The petitioner and his sucaessors shall comply with all the M-1 requirements for outdoor storaqe. Sign Plan for this complex. All tenants are to comply with this sign plan. On January 23, 1995, the City Council approved a Comprehensive **STIPIILATION** All signs shall comply with the city Biqn Code and siqn criteria approved by the City Council for this building. THE BODY SHOP: The petitioner previously operated a similar business at 7741 Main Street prior to moving the operation to the City of Biaine in 1993. The business on Main Street was called "�C Classic Motors��. The City of Blaine has provided information regarding their experience with Mr: Brama's body shop in their community. ANALYSIB: � The petitioner is proposing to locate in the easterly section of /� the existing 13,000 square foot building. The tenant.space is 43' x 100' (4300 square feet). The owner has indicated that he will not allow the storage of junk vehicles in the front parking area, and that a limited amount of storage in�the rear yard would be permitted. **STIPIILATION** There shall be no storaqe of junk or , inoperable vehicles visible to the public right-of-way. **STIPIILATION** There shall be no body damaqed vehicles or vehicles missinq bodp component parts visible to the public right-of-way. The City will require an automobile repair garage license in compliance with Chapter 18 of the City Code. The Special Use Permit request will not be scheduled for City Council approval until submission of the appropriate licenses and permits. *** STIPIILATION *** The petitioner or successors shall comply with all provisioas of Chapter 18, of the Citp Code. Of the 4300 s.f. of space to be leased by Mr. Brama, approximately 800 s.f. office space and the remaining 3500 s.f. � will be body shop/warehouse space. The required number of parking stalis (in front of this body shop portion of the Rylund Auto � Tech Resources, SP #95-04 March 10, 1995 Paqe 3 Building) is 6. A total of 26 stalls have been provided for the tenants of this building. Based on these numbers, the body shop should have adequate parking. Historically, Mr. Brama has inaorporated a limited amount of vehicle sales into his body shop operation. Neither the zoning nor the number of parking stalls assigned to this use within the building will acconunodate auto sales or display on this property. **STIPIILATION** No vehicle display or sales shall be permitted on this site. In 1990, the City reviewed a proposal (by a developer named Al Schrader) to construct an auto mall on the subject parcel and the adjacent parcel to the west. At that time, the. Planning Commission and the City Council approved the project with the following conditions: -- Tenants which contribute to odor emissions shall be located along the east side of the site. The current request � __ complies with this requirement. Auto body repair and painting tenants shall comply with EPA regulations to control odor emissions and hazardous materials. -- There shall be no repair of automobiles before 7:00 a.m. or after 9:00 p.m. These stipulations were conditions of approval for the previous request:in o.rder to safeguard the residents living in the mobile home park to the north. Mr. Schrader did not pursue his � development once it was approved by the City. In order to protect the mobile home park north of this current proposal, it would be appropriate to require the following stipulations: **STIPIILATION** Auto bady repair and paintinq tenants shall comply with EPA regulations to control odor emissions and hazardous materials. **STIPIILATION** There shall be no repair of automobiles before 7:00 a.m. or after 9:00 p.m. (These stipulations are consistent with the earlier Schrader request) . The Fridley Fire Departmant inspects and must approve all body repair prior to occupancy. The Fire Department will require �.-� annual permits for the spray booth and the storage of flammable liquids. The following c.onditions shall be met: Auto Tech Resources, SP #95-04 March 10, 1995 Paqe �4 -- The tenant entire space shall be include proper sprinkler system -- The spray booth shall include its own proper sprinkler system. -- A flammable liquid storage space shall be created meeting the following requirements: a. Shall be located on an outside wall. b. Shall be diked to contain spills. c. Shall be properly ventilated. **STIPIILATION** **STIPIILATION** The petitioner shall comply with all Fire Department requlations. The petitioner shall apply for and receive permits for the spray booth and flammable liquid storage. Anoka County must also inspect and approve a facility such as this prior to occupancy. Anoka County will require a hazardous waste generator's license. **STiPIILATION*� Issuance of the special use permit shall be continqent on approval of the County�s hazardous waste generator�s iicense and the City�s automobile repair qaraqe license. RECOMMENDATION/BTIPIILATION81 Pending public testimony, staff recommends that the Planning Commission recommend approval of the Special Use Permit request, SP 9.5-04 to the City Council with the following stipulations: 1. 2. The petitioner and his successors shall comply with all the M-1 requirements for outdoor storage. All signs shall comply with the City Sign Code and Sign criteria approved by the City Council for this building. 3. The petitioner or successors shall comply with all provisions of Chapter 18, of the City Code. ` �� 4. There shall be no storage of junk or inoperable vehicles visible to the public right-of-way. 5. There shall be no body damaged vehicles or vehicles missing body component parts visible to the public right-of- way. P � � 6. No vehicle display or sales shall be permitted on this � �� Auto Tech Resources, SP #95-04 March 10, 1995 Page 5 site 7. Auto body repair and painting tenants shall comply wit EPA � regulations to control odor emissions and hazardous �� materials. 8. There shall be no repair of automobiles before 7:00 a.m. or after 9:00 p.m. g. The petitioner shall comply with all Fire Department regulations. 10. The petitioner shall apply for and reaeive permits for the spray booth and flammaiile liquid storage. 11. Issuance of the special use permit shall be contingent on approval of the County's hazardous waste generator's�license and the City's Motor Vehicle.Body Repair. license. � �� , �"�1 . . < e, , .. � CI1'I' OF FRIDLEY 6431 U1�TIVERSITY AVENUE N.E. FRIDLEY, MN 55432 � '� i� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT ApPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: _ %� 7'� % � �,,� � Pro�rty Identification Number (PIl� Legal description: l..s �- . 3v ,�/�� % �',��,,.� `A,/% v; � �t 3 Block / Tract/Addition G"1L Cuirent zoning: �-'�.:Z�.��. — Square footagelacreage Reason for speciai use permi� �1v✓-@P �Nd' �.�!Gcv�C��`G rz�1 b�;� 1��i�� 333 S� � Section of City Code: Have you operated a business in a ciry which required a business license? Yes No If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWN�R INFORMATION (as it appears on the property title) (Contract NAME �( tu - ADDRESS %.� Fee Own must sign this � �.o ��. �S � ��l,.o � h I�e�so ��e. � � r' K4di��a•v � to processing) �� -- �% �.- YTIME PHONE 5�'?� 3 3'7 � � DATE f t � 8'�- �i'� ... � �, � �� DAYTIME PHONEI�'SL�'/!�� % SIGNATURE • � .�. � = DATE / �' Z �T , 9� : �: $4�.� ✓ . ��n � for residential2nd accessory buildings �_� t � Permit SP # _ � 'J� Z�y Receipt # _ �`;��/' � �-�, Y APPlicaxion received by: � � . , :,`1 Scheduled Planning Commission date �� ,/� �/Y'�� f � g' Scheduled City Council . : ' , ��}� `� t r �N`' rM.W � : � . . . � � f �i r � �� os . . „_ 3 -, ' . . . - } �} - �. l (' � . a � - ,�t ; r - �- � � 4� � t .� . f �. ��'d S ' '� . . � 4 T ! tv I r � � �•4 ��:' �� F f �� _ 4'` j� a � Y� i � � i � �� $ �t dp iF T+ — . .. _. ',� ?� . . . fi�� 1�3i� v.. � . . . . . . . . , i"ii'' r . . �a f, , �-' �. SP ��95-04 The petitioner has applied for a Special Use Pernut to allow for the construetion and operation of an auto body repair and painting business within an existing industrial building. The building is located at 1175 73 112 Ave. NE and is zoned M-1, light industrial. LOCATI�N M�P �� ' 1' i'r�'�i r•y c�.��,v� I ' � . ' �. �'� �a�e��io�v 1 �,: �. . ��, i, rL` ; % ' �.`% � , >`�r r�° �,� ,� .' 1�. �� ,�� / �/, �. t�//./��/,��/. Wi, �-�/ � n "rC•I•IC �J ` v19 2 � � � h J O 2� \ �/ M I„� ES _0 TA .`�� . . f�0 O�C � �< oaopo� o 00000� � O�O�O� a0000� o�o � o�o � iopOpo< � O O O � O�o O� O�^_�O� o;�C b� � ✓ t, J> � �_ 47g. � 3��i -•:��;'i t�E I,�� c�o �v O � 0 Z � \ 1� i � �� "'� w- �`� 3 %w I�f, �,' � �-, , C � � 7 , lr,�'•V �� •t�'� �r Y - � � � � t+- / � � , .: ,� . �: ' ,�� 27�; ' . . •. r. _ ,� . . � � � ' �� . � . . ...:._ ..,, .._._ ,_... _..�, ....«,- �...:.. .. . .:.. . � ... . -...,:r,y� t .t�i . i�:. � • . . , . . � W I�KY �� 1\�� 1 L� � �� ,• �� i �'r �� . �� _ �i � OI ��=- : .�;� � �,,s .. � _ .: ..,,. . , �� r.��.yina. - � •.....:.. ■�rr.•�■ or•��. ■o�v� C � � ' ' � ■��': L:.i ��►' )7�■ ��r��i M1Wi� `�� •. I��f�� ` �.�� 1�� E� '.•. I�I '1'/U � p ::::::: ....... ....�..��.� y ■��014�� 1 � ■��■ '_ �; ti ♦ ��{7 �`-�li�L�[�� M'� � _ �////�////�////e ? . . . .- o': - - `� ��. • • • • � +•_r s�i • • � • • �+ � 3 ' . R4D.' . .�. • .. , • . . . . • . . . � ,� � . . � .. .s . . •.. '� RTO � ,� • • M�T � � � • � • • • �' • • ; {�, Z � � � • � � �� r T RqW DISTRICT LEGEND R-1 ONE FAMILY OW6'S ❑ M-1 L/6N7 INOUSTRIAI. • � N-7 TWO FaYIIT DwG'S ❑ M-] NEAVP IMDUSTHIqL � R-3 6EN. MULTIVLE OWO'S � PUD PIApNEO UNIT DEY. ❑ � R-� . M081LE XOME. V 11RK ❑ $-7 NYOH PAHK NEIONBORNOOD ❑ .�� V PUBLIC FACILITIES � 'S-2 PBDEVELOPYENT OISTRICT � C• 1 LOCAI BUSINE59 ❑ O-1 CNFEK 6 RIVER VqESEPVATIOM � C-1 CENENAL BUS�NESS "'�{�" O-2 CRITICAL wNEA ,�.�'� C-] CENFNAI SNOPV�NG 6kY l �� •�� C•p� GENEPAt J�FICE ❑ Y4CATE0 StREETS �r�n 1 C �- - -- . zoNi�� n�� : , �,,,�.w,,,.,_,. - �~° e�}osaaary( 'datPu�I SII�L'[u/t�1►Td �..,. � T -, — "" _— �sdag a�aag e�q�p[ � B,�IIS 1� ____-- ., �"� — — : �-.�; �d�- �1.I2i -�, —___-- � :�.� � O � SP �95-0/a �� Auto—Tech Resources � . A �� N . � � � � �� e � � � , � i c . Q � z ��i� �� i i : � � ~ � .. �" 1� � Q �� sa t 00 � � � � � �� O ��.� � � � . N � i2 �� Te � � � C� �� S S S li � �.t; o i� � � Ij w .. w , � � � l�� ::.:. m O � Eg - ;' � 1 y � � � �o � O � � �� ,. ,'"� �$ � : � 8 � � ,_ . I` ..d.,.`.... --- � . � � � .., — � , I � � � � � I � � �\ � , \ � � 1 { � ) � � �� \ ` � � ��I � � � � �\�� i { � � �� i I I �� i � � � rr�r�� > � — ' �� ('�l — �—�f.= •._:. — a s a �i . � � � —� � \ � � \ \ � . � �� t r � I � �; \ � i� \ (� I � {� r �` � 1 �� ,_r.,�. �i �, i� t�' _ 1 ^ � It,l+ �� —� — — _.��V, g � i� � � W I' Z I W Z� � I� � � � W . � e Q � N I' � r � � .ti i �� i ,; - AY � �-�� :r � .;,r :r: 't {i-�: ':..: � i�-s. 4E I _ � DATE: TO: Co�n.munity Development Department �LANNING DIVISION City of Fridley January 19, 1995 William Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Approve Comprehensive Sign Plan for 1175.- 73 1/2 Avenue�N.E. Section 214.14 of the Fridley City.Code requires all owners of multi-tenant buildings with three or more tenants to submit a comprehensive sign plan to the City Council for approval. Scott Lund, owner of Riteway Mobile Home Repair, and developer of 1175 - 73 1/2 Avenue N.E., has submitted the attached comprehensive sign plan for approval by the City Council. The comprehensive sign plan details the location of signs and the style of 1•etters to be used for�each tenant. As proposed, a 64 inch .green sign band will be cr•eated at the top of�the building (on the front side facing 73 1/2 Avenue). �11 signs will be placed within this 64 inch high area. The westerly 2o feet of the.band will be for tenants with rear entrances. As submitted, the owner proposes to use three�types of letters; vacuum formed plastic, trim cap.plastic, or back-lit channel letters (examples of each are attached). .The letters are to be white; logo colors may be used if approved.by the owner. Staff recommends, however, that the vacuum formed plastic letters be deleted as an option to promote consistency among letter styles. As groposed, the comprehensive sign plan complies with the maximum•square footage permitted by code. Recommendation Staff recommends that the City Council comprehensive sign plan for 1175 - 73 submitted with the deletion of vacuum item #2 of the sign plan. MM/dw M-95-34 approve the proposed 1/2 Avenue N.E. as formed plastic letters from � � �1 .. � ' �' ' . � � .. P.A��' 10 . .-�. . �"'�' �. RRIDLE.Y� CI.TY :COUN�IL MEETING OF. JIILY' 11 . 1994 � � . . . �' �� ' Mr. Lexvold. stated that they � are also �, trying to`� i'detitiiy' the . �.. � � � � � building:. with� the_ .parl�ing .sign.,_.�a� , peoQl� come�:' from U . .. �ersi•ty ,• - . . . . •' . �venile' �by .way of W�s�" I''loor•e LalCe'�Dr�ve and "g�t: �Q H.'ighfaa &5 l��£or.e. ��•.� �'� • . � � � � �. they :r�alize;��ih�ey .hatie � passed.: tk�e..:f.uneral. • home:. . : H. ' stated�•that � :._ , . `th�;� e." leas�•.�.: ' :.the a]c'e tryi.ng' -to'. .c�.�� :�eopi:se• to th�rr .�?:u�.ldyng. . � . • . .. . . . � . • • `a�eiouiit �'of `p� d�leiips"- . �' � � , - � - ... .. .. . ' . , - .. . . Councilwoman Jorgenson asked if the sign on ighway 65�could be placed closer to West Moore Lake Drive�so at 'it is visibl�e from both streets. Mr. Le�old stated that in order to 1 ate the sign closer to West More Lake Drive, a large tree woul ave to be removed and land- scaping redone. Councilwoman Jorgenson asked. r-. � Lexvold . if he know how .much of . � the:i�.::traff.�e .�comes fram We Moa�� Lake� �rive: � _ . �� : , t . � • � . . -. . . . ; - : .. , •: . .. :... . : : . ... • : .:. . . -. •.: .. =.. .- r '. . . � . � • `M�:•:.7,�xvo�d�..s�ated� �that`� e.�did•-.not• Y�a�e �any ��ati�stics .. ... :4 ;: : . � . .. istin ode the would be allowed two four foot ex Y Under the g , directional signs. � Councilman Sch eider stated that there is a question whether a � variance is ally needed. He asked Mr. Lexvold to try to come up with a pr osal that would mee.t the code requ�rements. for a directia � � sign. . • � - . - A40TI0 by Counc.ilman Schneider to table this item. Seconded by Co cilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor e declared the motion carried unanimously. 5. ORDINANCE NO 1030 APPROVING A REZONING REOUEST ZOA #94-01_ BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR TO REZONE PROPERTY FROM C-3 GENERAL SHOPPING CENTER_DISTRICT TO M-1, LIGHT INDUSTRIAL GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE: . MOTTON by Councilman Schneider to waive the second reading and adopt Ordinance No. 1030 on the second reading and order publication. Seconded by Counciiwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the mot'on carried unanimously. :� n MOTION by Councilman Schneider waive the second read�ing and adopt Ordinance No_ 1031 on t second reading and order publica- tion, subject to the follow' g stipulations: (l� petitioner shall Counciiwoman Jorgenson stated that the fe schedule has already � been reduced from what was or�ginall roposed. She al�o stated that she really did not want to e any.changes in.the ordinance related to.the conduct issue MOTION by Councilman neider to waive the reading arid approve the ordinance on fir reading. Seconded by Councilman Billings. Upon a voice vot 11 voting aye, Mayor Nee declared the motion carried unanimo y. 7. FIRST READING OF AN ORDINANCE APPROVING A REZONING REOUEST� 7.(l� $Qd—(1't t2V Cnnmm TTTLTT �L TTTT r.t�., ....,.Tr.� .......-. ,-..-..�..�� ...., �v ri-i , Lttzri'1' liVUUJ'1'K1AL C��N�KALLY LOCATED ON H' SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE- Ms. Dacy, Community Development Director, stated that this is a request to rezone 1.4 acres from C-3 to M-1 in order to allow construction of an office/warehouse building for Rite-Way Mobile Home Repair. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Ma�or Nee declared the motion carried unanimously. � 8. FIRST READING OF AN ORDINANGE APPROVING A VACATION REQUEST, CIl�T $Qd—(ll RV Cf�IITT T7TAii► TATT TT[7TLT O/`�VTfTTL�T] m� c�ar.xmn+ a Ms. Dacy, Community Development Director, stat that this is a request to vacate a 15 foot drainage and ility eas.ement on Mr. Lund!s and Mr. Schrader's property. Sh stated that stafF met with the petitioner and his consulting gineer and reviewed the drainage issues. She stated that ey ara preparing revised calculations• to determine if the fteen foot swale and pand proposed on Mr. Lund's property c accommodate the .runoff: She stated that this information ha not yet been received, but it is recommended that Council proc ed with the first reading of this ordinance. The second rea ' g would not.be held until there are assurances that the drain e can be handled. MOTION b'y Councilman neider to waive the reading and approve the ordinance on first eading. Seconded by Councilwoman Jorgenson. Upon a voice vot , ali voting aye, Mayor Nee declared the motion carried unanimo sly. � Y 0 �r Y ON by Councilman Schneider to adopt Resolution No. 50-1994 with following stipulations, attached to the resolution as Exhibit '..'� �`1. � PLANNING COMMISSION MEETING MARCH 9 1994 PAGE 11 5. The petitioner shall submit an amended landsc pe plan prior to the issuance of a building permi with the following changes: � a. Underground irrigation shall be�1'rovictea. b. The dimensions of the exis ng trees to be saved shall be indicated on th lan to calculate credit for the existing trees c. Four additional 6 ot high coniferous trees shall be added to co ly with the ordinance. The 7 coniferous tr s shall be planted along the north property li for additional screening from the residenti district to the north. The petit' ner shall submit a revised grading and drainage lan complying with Scott Erickson's memo dated March , 1994, prior to the issuance of a building perm' . 7, the fence adjacent to the mobile home park is removed, the petitioner shall install a minimum 6 foot high screening fence with slats along the north lot line. UPO�j.►i�A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. PUBLIC HEARING CONSIDERATION OF A REZONING RE4UEST ZOA #94- 01 BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR. . To rezone property from C-3, General Shopping Center District, to M-1, Light Industrial District, on the East 180 feet of Lot 3, BLock 1, Central Vie.w Manor Second .Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN A'� 8:40 P.M. Ms. McPherson stated the rezoning request only applies to the easterly 180 feet of the Lot 3, Block l, Central View Manor Second Addition, which is the northerly one-zhird of the proposed development property. Ms. McPherson stated that in evaluating rezoning requests, three criteria must be met: �.,� 1. Compatibility of the proposed use with the proposed district; . PLANNING COMMISSION MEETiNG MARC$ 9 1994 PAGE 12 2. Compatibility of the proposed district with adjacent uses � and zoning; and 3. Compliance with the proposed use with the proposed district requirements. Ms. McPherson stated the petitioner is requesting that the zoning be changed from C-3, General Shopping Center district, to M-1, Light Industrial district. The three lots to the south are currently zoned M-1, Light Industrial. The petitioner has proposed to construct an office/warehouse building which is a permitted use within the M-1 district. Ms. McPherson stated the proposed M-1, Light Industrial district, would be compatible with the existing M-1, Light Industrial district, zoning to the south and east of .the subject parcel. Parcels to the.west wi:ll remain zoned�C-3, General Shopping Center district, and the parcel to'the north is zoned R-4, Mobile Home, and C-3, General Shopping Center. The mobile home park has been located adjacent. to the M-1 zoning to the east since it was constructed in the early 1960s. There are screening_requirements in the M-1 district which require additional -buffering and screening for the residential zoning. Locating�the M-1 zoning next to the C-3 zoning, which is the most intensive cominercial district in the City is a compatible zoning practice. Also, rezoning this portion of I,ot 3 would create a better development parcel. � Therefore, the proposed district is compatible with both of the adjacent uses and the zoning. Ms. McPherson stated�the proposed development meets the minimum code requirement� for the M-1, Light Industrial district. The property as�proposed meets all the district requirements with the exception of the lot area requirement discuss�d :with the plat request. The Council may grant a variance to �he lot area during the subdivision process. Therefore, the proposed use complies with the proposed district requirements. Ms. McPherson stated the.rezoning meets the three crite�ia for approval. Staff recommends that the Planning Commission recommend approval of the rezoning request with one stipulation: The plat request, P.S. #94-04, shall be approved. Mr. Kondrick asked if staff has received any negative responses regarding the plat or rezoning requests. Ms. McPherson stated she received only one call from someone from the SuperAmerica Station located south of 73rd Avenue who just wanted information about the development but was not opposed to it. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. /'1 UPON A VOICE VO`t'E� ALL VOTZNG AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE pUBLIC HEARING CLOSED AT 8:46 P.M. ' PLANNING COMMISSION MEETING MARCH 9 1994 PAGE 13 �`\ MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend to City Council approval of rezoning request, ZOA #94-01, by Scott Lund of Rite-Way Mobile Home Repair, to rezone property from C-3, General Shopping Center District, to M-1, Light Industrial District, on the East 180 feet of Lot 3, BLock 1, Central View Manor Second Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N.E., with the following stipulation: � � 1. The plat request, P.S. �94-04, shall be approved. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPF%RS�N NSWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to rece' e the December 21, 1993, Environmental Quality & Energy mmission minutes. IIPON A VOICE VaTE� ALL VOTING AYE� CHAIRPERSON DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. MINUTES• M�TION by Mr. Kondrick, seconded by January 3, 1994, Parks & Recreation Cc UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED UNANIMOIISLY. � MINUTES• MOTION by Mr. Saba, se January 6, 1994, Housing UPON A VOICE VOTE, AL VOTII MOTION CARRIED UNAN OIISLY. : Saba, to receive the ssion minutes. NEWMAN DECLARED THE ded by Mr. Kondrick, to receive the Redevelopment Authority minutes. AYE� CHAIRPERSON NEWMAN DECLARED THE %. RECEIVE TH� ANUAKY 11 lyy� t�rrr.ris�.� �-�++-++-+��, .- --- - MOTION by Mr Kondrick, seconded by Mr. Oquist, to receive the January 11, 994, Appeals Commission minutes. UPON A V CE VOTE� ALL oOTING AYE� CSAIRPERSON NEAMAN DECLARED THE MOTION ARRIED UNANIMOIISLY. 8. RECEIVE THE FEBRUARY 3 1994 HOUSING & REDEVELOPMENT AUTHORITY MINUTES: ' P'�f-1Ft-ll_1-1'�'�� i=�t=''�=�1 �_IT`r" pF BL�=iIf�lE r:1� „=,=1 _�_��=] F'.i=�.�,^<< ; Fcbruary 1 �+, 1994 Ca.Se File C9-�8 OFF�%15E: DATE: ALBE�tT PET�R BRAMA. �.a.�. 09l09/4p 7513 �,AKESIDE RCIAD �'RIDLEY, MINNES�TA 55432 Operaxinb d s�ray fuushing operataan autside of a�pray booth in vipl�tion af the Minnes�ta Uniform Fire Cptk {MiirC), Section 45.2U1. BIaine Code of Ordinan�e, Secti�n 9-1 adopts the NIYJFC. Blaine Cade of Ordinanee, Secrion 9-13 declares vialatians af t�ie Ml'JFC as misdemeanors. . Pebruary X8, 1�94 at approxi�mately 9.40 A.I�. LOCATION_ 1.:i1�-113th Avenue NE, Blain�, Mianesata �WNERSHJ.k�: The prapc;rt� is c�wned by Gary Spe�keter and .Dc�n� Weston. A1 Br�rm�. r.ents ttus bay frc�m the owners. ZONTNG: .6-3 (Re�,Yi.onal �hopping Genier) fiAC�GROUND: 4n .�anvacy 3 �, 19�34, Code Specialist Gove recaived a call regarding an autabody shop locat�d in a improper zone at I312-113th Avenuc 1�TE. � � On FeUri�ary I, 19J4, Cod� Speciali�t Gove inspected the property at 1312-113th Avenue IVE and Spol.ce with an em�loyee wha ind.icated ktiat A1 Brama was the bpss. The em�loyec inc�i.cated t�iat they had an autobaciy Sh�P, they res�ored wreeked velucles, and inccnded tc� insta[1 a pdint baoth to do s�ray finishing. An individual apprUached Gave and indicated. he w�.� the owner, A1 Brama. Mr. Brama indieated they would uot have autside storage. He asked sume questi�ns about installing a spray t7ooth. Gove irtdicated that na spray finishing cvuld occur withvut a spray b�th. Spray boath wr�uld require �ermits and she was unsure if an adequatc waeer sapply � e.cisted becau.se the bnilciing was not serviccd by city watr,r. A mechanical pErmit r,1.=� ; =;a ._,_aa F, t_1�.f1_1� �� _i:=; :�_r� �= I T' �` tJF ELfi� I tdE ' f�iAF'-1t=�-i _' __� - ^ Albert Petcr Brarr�a �'et,ruary 18, 199=� Pa�e Twa w�ufd need to be pulled far the required ventil:�tio�n. Gove asked abouc the p•aints and was sh�wn a��ut six c+ver-flowin� cau'dba�rd boxes of miscellaneaus quart and pint Contai�3�T5, all flanunable Iiquids. Total volumz exceeded Y.0 galla°S• Di`c'�s:�ioz� accurred involving th� number of flammable liquici st�,rage cabinets which they wou1d need and intende�i to eonstruct Gave indicateci she w�uld send out recluirem.ents for -� the fla.mn��ble lic�uiei storage cabinets. Mr• Bram� i.ndieated that mc��t of tlze containeis werc; �aing tcy �e disgosed of iivmeciiaeelY bY Safen' Kleen. Gove indicated sl�e would have t� check on the zoninb. She was not. sure if an auiot�dy was perrnitted in this zone. . Gov� �eturned to tlie City of Blain� offices and ehecked and fc,und that the property w�.ti zaned B-3 whic� did not permit autobody. Gove cantacted John Cox, the Econamic Dewelo�ment Speeialist, who indicated that he had se�v�rai conversations with Mr. B�rama re�arding c4rrect zvaing fgr autobady lucauc�ns. This property wa.� n�t ind'a.cated as a potcntial locatit�n that Mr. Srama coulr� Jocat�. C�n Febru�u-y 4, 1994, Guve calleti Mr. Brama and nvtified him th�t the zoning did nc�t � �ilc�� autarody shops and that he need to reloc�.te to a�rc�per zone. Gove renunded tum tha.t �ie cuul.d nc�t construct thc spr'ay tx�ath or perform spray fmishing at that tc►cation. � On Febru�ry 1.�, 1)94, Gove received a cali from M.�_ H�llyard, the occup�nt af the bay next tv iVlr. I�rarria whc� indicated that her employec, who I��d workc�d aver the wezkend, had indicated a strong adc�r of paint fumes in tlie buil�ing. Ge►vs indicated that t�icy :;hciuld call next time that the fiimes are srnelled in tlie building. Un Fet�ruary 1�, 1��4, Ms. Hillyard, again, eallzd. indicating that she w:�s getting - heaciaches from the �aint fumes in ehe buildi.ng. At appraximately 9:20 a.m. Gove inspected the �ra�erky at 1312-11�th A�enue NE and ot�servcd about 6 partially wreekeci vehicles parked inside rhe builduig at thi.ti Iacation. Gove asked Nir• Brama haw he w�s daing. He said sa-so. Gove a.Sked what he was dc�ing with his operatiQn in the building. Mr. Br��ma ind.icated that he was cutting up vehicles. Govc inci.icaxed tYiat she obser��ed that sevaral of the vehicle� were tapc;c� wi�h paper and masking tape rndicaxive of a spray finislung aperalians. Gove asked if he was spray paintin�• Mr• ]3rai��a. ir.lciicatc�i he was s�raying, primer on the vehicles. ti1r. 13rama sta.ted Lha[ h�. wati t�ringing the v�tiicles to a buddy with a bottith for tl�e rest of the sprayiu�g. Guv� indic�ted that spray finist� coulc� not occur unlrss iC w�.s a nonflammable liquid. Gove asked to see r��e prvduct he was u,Si.ng. N1r. Brama brought her ta a�ble .f.ull of : � nuscellaneous p�int in quart cans• Mr- Frama gave her � can of a�rylic paint which � indicat�d ff�nmahle tiquid on the label. Mr. Brama indicated this is actual[y the primcr they were a�ing, LiUt it i.s the same stuff. Mr. Brama handed Gove a c;dn of Ylie grimer and on the Iabel. it clearly indicated flammable• Gc�ve inciicated that Lhis was an ��L ra� J�u4 ('�1-1F'.-ZGl-1'�i'_I� �1'-_':1_1- Albert Pc;t.�r Brama February 18, 19�4 Page Three ��. I T`r GF E,Lt=i I hJE f_�1� i �-�=� ��i.��l� F'. 1=1�i1=1� extreme hazard, pat�ntially for the entir.e building, as well � his employees, particularly when using cuttiu� torche�. Cxvve ind.icated this was a seriaus hazard and that Mr_ Bcaala knew that he needeci a spray paint Ix�oth 3nd bad been warned t�efare chat he could not spr�y paint in the building. Gove indicated she wouid be taking legal acti.on an tlie uiattEr. A,� Gnve left, she asked Mr. Brama if he understaod that he could c�o no m�r� spray painting in t.he �iuilding. Mr. Brama indicated yes. an Feb.ruary 1£►, 1�94 at approximately 9:4U a.m., Co�c Speciali�t Gc�ve issued tickct number 565-Uy4 to AI grama for vialating Minncsot�i LTnifc�r.m Fi.re Code, Scetion �5.201 for perfomnin; a spray finishing op�ration �utside of a spray bac�th. The 1VILTFC is �.dt��tecf hy Section 9-1 uf the Blaine Ccxle of Urdinancis. Section 9-13 of the Blaine Co+�e p.f C)rdinanc�s declare� that violations of the MUFC a.re considered micderne,�.nc�rs. 1�PAMA.G�,S /"� /� � m r� y.= ( r'.-y �_�-i-'i � • _ _ _ _ �, r. �-�- �_ic�: �_i._� �_ 1 I'i i ir t�LH 1 fYC • P1HF'-1t_1-1'_'_._� 0 Ca�}NTY OF�ANOKATA pISTRICT COUAT S 5- 0 9 3 coM�wnr �IVit CRIMINAL DIYISiON N O- C' ownship of � �AM �/ FM /�.'i b -. 19 �,ai r�e � . wom. states gs follows lhat on v _ vA� /°�te undersi9 etl. being dutY s �� a��! � 3 l � � �' 1 � �. „ � � �- ,'�i � � ��p�gtinn) /,� of (AdC�ess) iJ ONenBe: Nama � V /] a q � y� did tite� and there tommit the toilowtng .f n:� i� � G► � � 6irth Oate ! d"f ...n n .r'�, 1�1 /YYl ln vioi5ttion of LoGel Ord. NO• �� in such t�� made a+� Providbcl• 1 p�omisrs to Co��ct the YolHiiohe eme e��P �fsn � any 4uestibn5). 6+' BPP� ��pw: and 1 und6tst8nd if I fail to do � 8 war�e� �t rr1Y artest m8Y �' Iasued. SIGNATUAE ViOlallo�s �ureau 3dGreSS: Pnane:422-7 ' m CouR 4ate: Cc>nrt Time:� • . � � � 1 _� � i � i y .� i_. _. __ . . ------ „ State Statute ko. bgllevetl aAd 4 8 beseve, n tihehPs son�named aboveaCO+ 9m�itted h@ often39 herein set fGrtl�. ��Y to law. ignature of a+P�inarrt ' � � St9 gadge No. and Oep�� . . .. '"� e `_ �� TOTAL P.HS I ' _ 6 �- e r1 � _ S TAFF RE►P O RT Community Development Department Appeals Cotnmission Datc Planning Commission Datc : City Council Date APPLICATION NIIMBER: Vacation Request, SAV #95-01 PETITIONER: City of Fridley, petitioner and owner LOCATION• March 15, 1995 5981 - 3rd Street, generally. located in the southeast corner of the intersection of 60th Avenue and 3rd Street. The subject parcel is legally described as Lots 29 and 30, Block 12, Hyde Park. The parcel is 10,582 square feet in area. REOIIEST• The subject parcel is zoned S-1, Hyde Park, as are the properties to the north, west, and south. Located to the east of the subject parcel is University Avenue. The vacation request, if approved, would vacate the slip-off road from University Avenue (Trunk Highway 47) to 3rd Street. 8yde Park History In 1978, the City rezoned Hyde Park from a variety of zoning classifications to S-1, Hyde Park District. Hyde Park is defined by 61st Avenue, Main Street, 57th Place, and University Avenue. The purpose of the S-1 zoning district as stated in Chapter 205.21.4 is to: 1. Change the present legal non-conforming use status of the residential dwellings in the neighborhood to a conforming use status. 2. Reestablish._the residential character of the neighborhood. 3. Protect the property rights of all present land owners as much as possible while promoting the residential development of the neighborhood. Staff Report SAV #95-01, City of Fridley Page 2 4. Establish a zoning mechanism for the neighborhood that will encourage residential investment and development in Hyde Park. As a result of the City's action in 1969, the commercial properties located adjacent to University Avenue along the east boundary of Hyde Park were rendered non-conforming. The code states that if a nonconforming use becomes vacant for more than one year, the property looses its nonconforming status and should be brought into conformance by the owner. Located immediately to the south of the slip-off road property is 5973 - 3rd Street, the site of Custom Mechanical. In 1994, the City received a special use permit application to allow the owner of Custom Mechanical to sell the property to a new owner. Because the business would change, the special use permit was required. In October of 1994, the City Council chose to acquire the Custom Mechanical property as opposed to issuing the special use permit. The building was demolished as the City's intended use for the property is for a single family dwelling unit. Property History The subject parcel, 5981 - 3rd Street N.E., was City in 1971. Prior to that, the property was single family dwelling unit. The first permit issued for the property in 1965 to re-roof the storm damage. acquired by occupied by a of record was structure due the f�•7 �n May of 1971, the City Council moved to begin condemnation proceedings to acquire the property. The intent of acquiring the property was to construct a slip-off road to provide access to the commercial properties located adjacent to 3rd Street along University Avenue. This decision occurred as a result of the 1969 Hyde Park study. The condemnation did not occur as the property owner willingly sold the property to the City. The slip-off road was constructed as part of public improvement project 1970-3. Adjacent properties along bath side5 of 3rd Street and the east side of 2 1/2 Street were assessed for the improvement project. The assessments totalled $9.26 per lineal foot for those properties adjacent to 3rd Street, and $4.63 per lineal foot for those properties adjacent to 2 1/2 Street. A total of 80 properties were assessed a variety of amounts based on the lineal front footage of the properties. The average assessment for the improvement project was $370.40. Based on the life of the project of 24 years, the assessment via the residents has been amortized and there are no remaining funds to return to the residents. a i"� � � e � Staff Report SAV #95-01, City of Fridley Page 3 ANALYSIS• The slip-off road was constructed over two City-owned lots as opposed to typically dedicated public right-of-way. The City Attorney determined that because public use has been established for a period of greater than seven years, the City should officially process a vacation request to vacate the public use of the slip-off road. If approved, the vacation would create a second buildable lot for a single family dwelling unit in addition to the buildable lot created by removing the Custom Mechanical building. The slip-off road crosses a lot which is 10,582 square feet in area. This area exceeds the minimum lot area requirement of 9,000 square feet for a single family dwelling. The City intends to dispose of both 5973 and 5981 - 3rd Street N.E. through an open process to receive fair market value for the properties. North of the subject parcel is 60th Avenue which provides access to an alley adjacent to University Avenue. The City intends to maintain 60th Avenue and the access to the alley along University � Avenue. There are a number of properties currently utilizing the alley for access to garages and the rear of properties north of the subject parcel. The City intends to widen 3rd Street and return it to a two-way street. As part of the 1970 improvement project, 3rd Street was narrowed to a one-way width traveling south b�tween 60th and 59th Avenues as a result of constructing the.�slip-off. In addition, the City also intends to improve the radius entering 60th Avenue and the alley along University Avenue. The street reconstruction in this area will also include corrected drainage to insure that the new property and improved streets drain appropriately. The original 1970 improvement project included approval from the Minnesota Department of Transportation. Staff worked with the Department of Transportation and a final detail for closing the slip-off will include deeding access back to Mn�T between the University Avenue westerly right-of-way line and th� easterly lot line of Lot 30, Block 12, Hyde Park. The Department of Transportation has submitted the appropriate legal language for the deed to accomplish this requirement. Once the pavement has been removed, the fence will be repaired and screening installed similar to what exists. RECOMMENDATIONLSTIPIILATIONB: � Staff recommends that the Planning Commission recommend approval of the vacation request, SAV #95-01, to the City Council with the Staff Report SAV #95-01, City of Fridley Page 4 following stipulations: 1. Access shall be returned to MnDOT via a Quit Claim Deed. 2. 3rd Street and 60th Avenue shall be reconstructed to provide improved traffic flow and aesthetics. e - � '"'� � . , � �-� (�) 6a10 t�=1 6030 �as) (�) ( �? 6012 c�� 6000 � i �l 1�1 (�? ��r � � ��) (�) (�l �� t �1 �� ( �7) � �41 c�� c�� (�l (�l SAV 4�95-01 City of Fridley l�) t�) (�1 (�l l�l , 6�63 (�1 t�l �� 6045 � i �) � s� � � io � � i�l { so � �� 6031 �u� r"? � I�l z C � ) 6�7' aGENERAL LOCATION OF � '� � r; THE VACATION REQUEST' .� �� I�o� � t�� 251 6000 {s�) tul 60th Avenue N.� _ t�0� c,�� c'�0� �ss c�0i c�� c �4J � � (�' `�� 4� t�� . � �� 5947 (uo) � j�� (�� l�) 5945 ��1 (�l 59Q9 � � � ( n � 59'L4 � � Ti � z ( �t ) .,� a� ��) � � r." �� f6 � `�s' C � 582�9 ��? �, 59Pf -zy c+� � � ��1 � � �7� 5908 (w) 59L5 . 5909 r�� t �s t � � � � .� � � .,._, A � The City of Fridley has submitted a Vacation Application to vacate all of the slip off road � extending from University Avenue to the 5900 block of third street. The intent of the � vacation is to provide for single family residential development. � tl LOCATION MAP SAV ��95-01 B City of Fridley '� � . b 4 ' aexeas ` 1 2 � �� sz ^� n r� a m ' sai � sai a �, ' ( � °' � � � ^ wew �I m � � soo� RL o� k � `` � m � 1 1/2 S-F � �oa,a, � x 3 � aai.e �4 sas.o v� � i � � � n x , ~ I � m. � � � x . � a ". � t� �i ¢00 �%J1 � o o � J M U�° CHAJN LIXR FSNCE G0� • ��i opp � � 851.6 851 � �-. 8 �Q. 849 I °� G' 9 — ------ CtiR�B--------LIIBB-----�L -_-UR'_----- POWER POLE 850.7 85I.0 850.8 8b0.2 850.9 ' TOP TOP M.H. 60th Avenue 84 +9 � 351.4 • rop BLACKTOP � �� GV4$ � � �� 6 �Y New RB �URB �U $�°' 4��P i 880.3 899.8 849.9 � �' j curb �° 8 �0,•9� �� Op� � g�0 6I CUR 8B&EX(�B� r p��8 8 `+� N`� Q'�• � G`eh� • 's A R E A s s o a .'e � $ _ �� `�w� � �` 0 0 �. �. ; (� �j � 1 2 9 . 0 5"' _ co4�.�` a O:- ;' a.e .• �� saz.a ; " �� .s ' � � �� '� �_ �� .�FS0..1 � . �� : } �P � -� � ea�.s G�gB� t�'��Y $..: °;� C � °`p O �'��4 ry N �� '� �!� � t �- ��° S50 • I � � � �� a � � �� ,. � � . .: � ��- . I � � ra m`O t� Ss.o g � ��_ �-��a ,�� x � �� p;' �g- N�" o�k � � b :v� �,�� .� q 8 �„ sai.o sa�.i a0, °��° �� i i • � �`� ` �� `��` �:� > � N Ot�� '�jn. � <'� ' � � o � � t � _ � �— mm � - 85�.$ �� a� c ` : - _ . . __ . � �� 9 .._ �o � � �a � � °� GV¢4 a6ry� 8► 5981 - 3rd Street �� 849 . , � . � 4 � � . esa.a saz.s . sas.i es2.s �ed�l i " a �� y9' i 2 9 . 0 5 �;a . I i. , •, aa9 z asa.� esz.s ssz..�� a i � � �- I ^ � •D. � � a ��O O I c� .. • - �. � a ' V � $.S 4 _–�85$ $-O --�839 rd �g � I .e� :y i ' r_`__.---- --- -- - - I � , -- - �- I �=� = y °� 3 5973 - 3rd Street °- � � �� i � sas•s eas.e • ' sss.� . 8s�s � _;� 40- � � `I � � � � CH. 1�� ' . ELM • 1 �, 9 . O .S TRPLS � ap °i� � 8bb.6 CH. � p��o .9 ELM q� IBaS S I � �°'�D V'v� .�.._O . . If'f y rrox� _,� .. ._ --i� w 1 -.:�_.k�.r --t'' , -.... ::, � - � � , . . . � �3ra.+�s„ _ V , . , � . .,. 1L ' � ' _. _ .. . ..: .: . ...cti a a . �.�Fr�;-` ��'�i,.L�'��r`�:: '�;ri -_�c4.-+�r-. -+:.' '�� . ' -�a-r"�,� .l��u or�•s-..iu ' _. . . .. , . .. -. �..,_�. _ ...:a ,� _ UIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(6121571-3450 • FAX (612) 571-1287 February 23, 1995 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a vacation request, SAV �95-01, by the City of Fridley, to vacate all that part of the egress road from T.H. 47 (University Avenue) lying over Lots 29 and 30, Block 12, Hyde Park, in order to construct a single family home on the property, generally located at �900 - 3rd 5treet N.E. . Any and all persons desiring to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, March 15, 1995 at the Fridley Mu�icipal Center, 6431 University �"'1 Avenue N.E. at 7:30 p.m. Any questions related to this item may be referred to the Fridley Community Development Department at 572-3592. � Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than March 8, 1995. DAVID NEWMAN CHP�IR PLANNING COMMISSION � \ � H . � � 3 �;�': e� 4 �y �'t 1 jy q ✓ ^,�y . c`. 'r.'e ' � . r:, �, � � t�.. . . i l_1�� 7 �r C . L 1{�. . . . .. . - . . � . "�, CITY OF FRIDLE ` _ `` ` �� 6431 UNIVE Y,. ,. . _, '�� ' . � .. 'l"'� �: R.SITY AVENUE N.E. - � > � ; FRIDLEY, MN 55432 �%. � ' . = _ ,. �.. � ,,..' . _ ;a E, � (612) 571-3450 ; , �:� ti 7 ' COM11qUNITY ;DEVELOP�MENT�,�EPARTMENT � °` 3r � rt� • , >, � it 5 ��' z 3-�Y ��, � . �� !�,� � t � � ,:di. �,�t ° .� v-�£$�f�,' � 4 i �^1n > CATION '�,; � � :,� �' vA APPLICATION. FO ,� �� . $ , . , . �� s� :. �,� � � ��-� � . . � -° . �`�� ,` PROPERTY IN ORMATION = site planiequued for submittal= see attached. �,� ,�„* - . _ �� n�%� ,� � _ '' � Address: _ -a�'"'q X X 3,r�'��.�ri�r� . ' - �� 4 E� � ��, � � � �_ yr, 4 , Pro�rty Identification Number (PIl� _ � � �• � . . . . . Legal�description: Lm-� 29 � 30 x�xa�. l ti-f%�`b�=��. Lot Black ;TractlAddition ; t� _ . �: � < �r� Legal cies �tion df aeasement to be wacateil. s �u� �� ' w � k��y,�� ;� �� 6 � ° �' �',' ° , � ,. � ��.1 � �d�.,nJ�({k�''�c.'�. ,.t +.3 ,� �: � s 4 -� r+ �.. . T i : � t ,� r�• ya A (� �,PS"�,� OIF� '�4 { ��: � Y 4 � ;. �� 'rr, �i .,v�'y� r-�, � � ��5 � % J� -t�- � . t ��;. •� '�29 �aD `c�c.t�-��"dz.s � ° � �r �� -� ,J�� ' a� � ':-�, 'e ° � t � 4'" -t : F, � ��'�' �. + y� S,� t ,, ,1 t< � j;.�w,��r .5 �+�r � �- r �� -,� r <.i �; CUiICIIt ZOI11IIg: ��? r�{�`^��vC_allai'� �OO�.gP� ��CIP�c1p;e'��'��?��`�� k�� n � f�� u'� #t�,, �:i � � � �: ti�E�.� �. ,� , , � � � ;� � t a ,�+ » � a� � � � Reason for vacatiori: �� wl�ri2�� ' � �` �� ' "� `� '", � '' ��`�,, 7 • �''�� .:'"` ';"� � �ar `��yl�' 's �d-dA�. �i ,I,IF' -- � , i Have you opera.ted a b`usiness m a ci�y w�i.ch�required a business license? � � .r ,� Yes , ; No If yes,. which city? ; If yes, what {�1�M��.� � t ty�i.,Q�U�w+++M�7� �' i y� '� i0! w ��+� �,1 '.� �'.�'�Y k"�;r-r Y� �I�'T ¢ '��.� v ��; rP -'.$ I � � ��-� ��h i � .. .: � �, : � . . ; .:, . i�,',`.�f - � � �f5 �t ,,.it�, +i `�.�' � rc4> a a a" w�J�i�s � :�i5> { � i -.. t � '4 S�St.'7tSR 7��" }iIT Y k,:- + �^�ii .�pi:., L � t F ''�. .£� , Was that;license; ever demed or revoked? �u-�� 'Ye`s g� �.�r � �� d�t: � � ° � : t a ; ., � -s ;«:. � . s. i7a 1�Y>i � ,�y3V0 e � �',,'�-�y �� !.a �5- 4 5 �' : �� >$� Y., � :' y, n ��5... ��. ,�. Y rc � i �. � �, e'o i k4t - as � s r � � � � i_ c �'.A �t -.p,. ..6; ,s�. ,: n 3 � � � e e l� rk v si-.: �� r., - t�� x } t t `.ts.: b�.�� i�' -x;�-; �r.. ,�r� e�'z?-'�" 3 � 5'�.�.� � ti �y�� ct � �#>.� -� t x � �� . : ��'A ��ai �ts4� �'''�' � f�ip � ,��.:, rY r h�h-�- � 3 � r" t �r��e. � � �t j . � �4 i �. a� ir� s�"x.�?��4�"�3;�',$� ,�1'4i`,.�t'�'�s{3 .�,,,�,.�°�'� �j��'S "( t �r��-.. �.� aj�r .; � n' i �:. i t . � . .c., ..,, �-s_c,, n,,a, �p'tiT �c A K . 'j , .. _.,_. 3,',.��'''` _ �ift• a h` .�,o,.-= r �,ir,:� S y '``i.c'�' �+�:d+ a �i ,, �4� t�' a."A�"l� .': s , �y"' ��I � �G r»,- '°'x+i �r t � �. �: FEE OWNER INFORMATION�� as it 7�� µs � �. r3s � '�the �� ` `ix .., , � ppea� � n,� proyperty��tie) ` 7�-. � �� " �1 �i. < u. ; � '.' �- ',p ; � 3 j ��+.. � �y .. (Contracf,Purchasers a� Fee''OwnersAmust si¢}� this fo'`', , R�',�in/ {��j� z �proces�y.'�,�` �� `'�� ` '�,' � �`�`�`; �, , : ��`:. jj�� Vl L�/ h7111 � �� R L .� A5 '� ' n 'l� NAME � � �,� �. �. }.� , , ' _o,r ti!�' �'a� t � r w�� . � �� ; ` F. ,$ ADDRFSS (D�!-�1 UNr�rr� � �v��E- 3 �, .-� $ �� lLllrl� b'.7�'J�s �'}��"i 'zt*i a� k�t1 {a� <4s� :"� r� }�� a'y . ��'� F � � �� AkA�XTIME PHONE . ,��, �, � � �t - t.. - ,' � �. $re��S.Fygai ( L�t j � '`�y�.�. Ff'Y �ht �? `aya"�"��l�;i`i�.fH� -+v""�b+�r�:: �a �Hy.,r"r � taK':tr e r .��,,,,� SIGNATURE s f,��x �� s��`'�� +� ��wa M � � �� : s '",. `f'� F, � t� y � .�,"' �xttp � t'�y�„ .bA�i �16� DA1L' ; �� a Fr-4q'i,. #"� r�.�"`i -u°�� ^�¢�' '�.? :'s� �ir�ft�� ''- t a � �� u �. �' , `� ° . r ' sv �-`�' t '-� . , � a5y nt t, �k �i r . , f � � r . }� t ' . .: 'v 7 �' a+ .� ; r� a)G ��r ��.x'� {'�� `�h� .� J�'i3 t,�',�.�'�i � - � t�.n`d � j `� �,�+rtiC � �,¢k� �{.p� i .�'j�„`.''1�e``1..� } �A�, �7 . vb p.T�. '�r � >:il: "n{9r T.a - .`i�^i- ��,v" 1 gy E. �'A k `tr�. �°:F" ''� �.:Y �4�4t4i � ��4�djrt'1�Y,1 �. � _ .�4 , : }..�'ETITIO 1V'ER �INFORM`ATIOI�j,�r �� 3� t °T„� ;:, t � �v �;� � �" �� >�? �� ,��,k.�� ;� 1 ��.�� $� 7h�� i��S��'F{�� u- Ya��fi �� 1��'+ik1j�~ 1?'I' : 1r��u'�y '�`�� Lr.'ti . . - ' „ �:i ::v��3y .�N i J :j.i� .� ..:,j �; ,,r 3"'t' ,1�ti �y � �l� � t' ?�1' ��3 3 � 1�§ n �P � ��+ i .. � NE1ME ' , � y ,f �_. � �t � � �; 5 � 't ; ,� �`� �, , � � ,,, �- �t �� ; N . .. �� .� #7' � .�� ,:w' � � �� i '' � fi c�1 .- �+t�yc i t � �� q w� �.. ti v . i� -, -.. .. '� Prn^ , i�i.". � o-b �-�S q 'W4' v��y� t� jbd � �k a 1�f°...' � . �� g ti�r w � £ ;.F, �`� � � ,�rs,� � � E r � i� -t� il � `�r � �'`,� ADD��-1�(� �'. �� , r, � � s ��- � {,� ; C- r � _ , ,�� ' iM 4 , t ��^+�7 i7� � � a� 5•, I �: §� :'�,+: �4 S ^'3i ..'4 �. � y' ti 1� L . ;�?y �, : t-�I�' �' , .��_ � TM '` .,.�6"`� �'4F'i.`d° � '�'" �, i�e.��f ��: w r,is:. ,.,.._.; s:..,�,� .rl.? -xr t �� stf�� } r�� 4h� , ._ , .. , . �r': . �.r; .��* . ,T.�' �.. � . r.�.,.wa•, .,.,. . �#. �.VY�,t. ._:^� ,�. t� A vmr�.m rTrii�rr±^r. .� t. �i; ,. . . _,:�,s..,,..., .. � _z._ ' Y.c. . .x�� , �l�i►ji COUNCZL MEErING OF 7ULY lU, 1372 � �11 •4.- / • ` �' �� . � ::. �'° =�: �= '�� : t A. � ,i � ;i ^';.,.�. j�, �4. ` .�r `$: , PA{,�: 5 CG1ii1�113�t7 I"kttelstadt asked when tt-.� �next E3oarai of Appeals Meeting woµ�d ��d eAid he 1�FCuld lfke to have this yo :. zure th�r. �f possible. �'i�e City F�81n�x r9�1�9�i iA tw0 weeks. The buildiny l.as been rc3 taqqed and he did not f�� ' he ShQuld let Mr. DeGaiinrr procee�d wiih his building until the Cou.acil Wds �@ awa;E of the error. Mayor Li�bl �aid he shc�uld tiave been advised o� �le �rp�; prpcedure of going thzuuqh the Huard of Appeals. The City �qine@F ��d h@ qave hita the exact proc�.iure, but obviously Mr. DeGardner di$ Aot w�i3t �0 N�it tt►at lonq. . -1972 - IPi FAVOR OF Ti� VARIANCE REQUESTID BY ROl : FOR SS RZCE CREt:K LJAY: qp'rjON by CO�cilman Mittelstadt to receive the Petition #F11-1972. .SeCOnd9a �Y Gpµr�ciLnan Sreider. Upon a voice vote, all ayes, Mayoz Liebl declared t,h9 rpqti.oA carried unanimously- �+jQH by Councilman Mittelstadt to remove the red tag fzam� the property �t $� �i3Ce Creek WaY: and approve the additional �azisnce requested, makinq t.�e �pty�tcjG 1S feet. Sevonded by Couacilnran Utter. Zipon a v�oice vote, all dY�sr �� Li�ebl declared the motion carried unanimously. :E �516 - AN ORD )ING CHAPTERS 2 i AND PRECINCT HQt1NDARIES ' .02 AND 1.03 O'F THE F� CZTY: l4pTjQr1 by Councilman Mittelstadt to adc�t Ordinance A516 on �serond readiug� X&�Y8 the readinq and order purli�ation. Seeondsd by Council-�an Utte�. VpOq � Yqice vote� all ayes, Mayor Lfebl declared the motion carried unan�mously. REGAItDING Tf� PFSiDING ASSESSM�IT FOR CIRCLE FLdtii IN HYDE PA �.�..�.. �MNG PETITION �12-1972 AGAINST C�OMPI.ETING SDC�TD PHRSE CII�CLE FiAir 8?.AN� ��Qp�8o�1m� Mittelstadt 4aid thia is not a recent item, it has beea betore t.j�e �` �ppnc�l �or about the past five Years. The asea ic► queation is i�owlde� �Y 6Qth AYo�qe� 57� Avenue. 2� Street atfd University Avern�e. The peopie wa►ritet� thia �c�� ¢or�ed eomeercial aad it vas pointed out to them that to malce it CQ�ye1il0A� ;Qz anY c�o�aaercial development, tha slipoff � and the circle fla+ would hgy� t0 ��qt i� to accoaanodate the traffic. The residents a�reed vith the pla�tl� t�0 CPW1Q11 adopted it and the State of Minnesota approved the plan�. Th�B �i�oYO• ppqt wais ordered by resoluticai a�nd in his opinion. it shauld be p�t ip ��i the .�p�j�es� ppa�ible date. The Cauicil is aot� in a position now to .�ke Chart9e� pF- 401et,3,oA�� or they �rould be. subject to .litiqatfon by. the. proparty. - vMnOts. 3��. �Qi!oe7c ection o! the Council should stand and the order should bq yiveq to �� 1Cl��► A�►inistratioA to in�leanent tbe remaininq poittioa of the � pro jec�; �� p� y1eb� said the Camcil haa spant vonsidezab�e tin+e � and effort . aun� 1►=t+Or - '�� qtqdy adopted tha ordinaace aakinq �he plaii.attective. In order �q exDe��e �h� iq��9 Pet•ition, lrsidley had to approach the State H�qhway Depa�qspq� �Or ilpy�'�Ya1 0! the tratiie pittsm tor the �ec�ercial area. Ho said lt K� Tq� �npp=t�f� �v ha`re a Plaa Miissaby �ne of the oonmeraial trattiq M04�� QO tt�i�pvyh the i�aidential area to the aosth. T!w veQond stage ot the plaq hi�f �Q� � R��ULAR COUNCIL MF.�'TING OF JULY 10, 1•��72 t'j,��' 6 ' �@A �l�ented, but the area is coum�r�i..l and peo�.lf. selling their pro- ��tj► C� co�nd commercial prices fc,r it. Former Councilman Hdre1S ppinted ��-." ?ut Y�L'Y Cletsrly that there may be sor�e ir.co�.�•�niPnces to the �ople and <; �'ie;@ pl�j� b� some hardships _o saae of tt.e �,��urle , but the Council has Cpm- � �►littod �t�er.►selves to this plan as �iny the i,�.st long range solution. ��is �, �4CV�uter�dation i, also to go ahead with tt►e se:co:.d phase. tie addc:d th$t the City ols4 h�►d to pay comnercial �ricES :c.r tiie riylzt �f way needed. If the CounCil rer� to rene9e pow, they could�be sued, and they would lose. CQNtaG�.�n 8reider said the secc�nd phase was he�d up rather than burdep the seside�ts f�ther i+ith ar�other assessment, but he. weul d have to aqzee yith G9�G11maa Hi�t�lstadt asid Mayor Liebl; the improvement should be done � the ile7ct CVAstruction.season. l�iayor Liebl said the first step wou�id be t0 tsy t0 Aego�i�te �or the land, and condemnation �rould only be the last zesort. The. Dity Attoney aqreed, if successful in neqotiations fine, if not then Cps�de�t- �t�Q�S'�,�ould have to be started. He added..that as a poli�cy, before he has a�A�t�'�ny condemnation pzoceedings, he has infozmed the Council #irst. iyayp� L�eb� pG�tae�ted that a few weeks aqo Mr. Mugqli asked what was qoinq to be done, �a �t �t this point everythinq is in limbo. He asked Cosu�cilman Vtt�� if h� ti��Gurred with the rest of the Council and Councilman Utter replied yes, �4='. Jq�Ji� 8awluk, 5931 3rd Street N.E. , said he lived close. to Mr. Muqqll d�t�¢ �ked rlhat was planned. Mayor Liebl said theze would Y.e a service road alonq V�33Y@x'��tty AVenue fr� 60th Avenue to. 58th Avenue ta provide .for the cvqooezciil . j��T�� Mr. Pawlule said he did not think that was. needed: It ypuld S@xye � pp ��pse as lonq as Thizd Street was there. The.people w�ould have tO.pAy ' �e �seesment� atnd he felt �thai if they had to qet. out,� they :w�ould-not qe� ' @i'�pqgh �o7c tt�eir property tio allaw� them. to buy another. heaae. !ie s�id Mrhdt � t#��► GpNAGiI intends to do rrould not m�ke. them moze pro�F.erous, but Mpi�c{ �e Ai�V�hCt hazdship. ' . � - . � � �� O�yor Li�l said in 1969 �rhen tbe rezoninq.was discussed; 95t of the �le i�l�ra ii3 f�vor of the rezor�ing, and Mr. Pawluk w3s probably � one of them. jrtr. Pii1il��iiG �a�id yes.he aas. M�:yor Liebl said he realized this vauld be a� �erd- �� QX� buL he �ras aure the residents would qet their investment jD�C� � ��i�rktally. The ordinance provides that every 40 .foot lot must be used it� �t@ �Zppj� ¢q there i+ould be no dead lots. He pointed out that !!r. Straad aitd � Mi'�• Q�90rq d4 Rot live in this area any more, as they alseady 6olc� out, �e ��{iSS� �et th�i� escrow money back if the Council rescinded the preylou9 osdesY �� {�C �� =elt that ti+ould be a breach of faith with the people and the N��way i�� eAt. He assured Mr. Pswluk he would qet his a+oney back if aru� ��n hq Ao��o l�d. � , - �� 8it�►,�yijc said that when Eldon Schn�edeke approached the people la th9 �ea� tp Qe�, tha zezoainq� t.hey did not realize how much the asaessments �+�quld �� p� t�� th18 l+as 8o that Mr. , Scha�edeke . could sell hia pla�ce at caa�eeezclal pr1C�l1 � N9 aaid this puts sll the residents in a precarious position, cney do nve - AAGO��'�lY Warst to aell theiz hcme, they want to live in it. Spa�e Q! tttie �Op�lO Z�Y� QnlY on Social Secr.zity and their pension. �He said the �popl4 ' 1�ero p4b �►�xued• � did not knaw abont the new street. lyayor Liebl �e�id ti�� X�R PQ�r �a� �ere �+eze many Cauncfl meetinqs at Mrhich the slipof� aqd ei;p;� =lQK �ttes'�1 Mas discussed. The recotd of the Council meetings will prpve �i11� ��}te�ert C�Cvte. � \ �VUy,� CQ(�(;jy MFETING OF 3iJLY 10, 197t snGF � � . � �� yir� p�8erg, Route 7, Bra�,iexd, said at one time LiiCre was a petit#OA �t,gt�� np one �ranted the co�erc'_al, then there was anothez one �ra►ntinq ti�e �sry��yi�9. As to the vost. she 'R�id she had a good idea haw much the it�t^Si�ew tGQ p��t8 hrOUld Cost �d so did Mr. Stzand. She pointed out th�re haye.beeq. p�Or ;tseets that have been deleted froia pro]ects, so. it can bt: �ione- The Gpu�vil is not takinq the feelinqs of :he people into consideration• �i'1�aYVt L��j� tVld M�cs. O' ^.erq she �+as .one of the S� that did not fav�or .the re�Vn�.A9 .�� iat hes' only concern was qettinq her 52.000.:escrow muney back: H� sdid y h@ �t�iSt be Concerned with the pride of the •co�munity. �S� p�Aerq said you �+�ould be puttinq in a road that could be put in later . A � negded. T'here may be people that vill have to sell i�efore the. Cv�e�'Ci�l vqR�s fA due to circumstances, such as a death in the family ete. Mayor . �� asked r•er is she lost any money when she sold. Mr's. 0'�rq said at�ter f � pGmmission, she qot 517,000. It was a good sized house and yov C�Ot ` ��i�d �npt�er house for 517,000. ' �. $1dOA S��e said that it see� to be the feeling that he Was the �. �.t��tiqator of this proposal• He said he only wazted to rezone his property� .� �� iA�d he n�oved there moved4in�onegstall qaraqe�sf added ontolthem, ana h ye �e�t they could. Many �,�Q� up fixinq them up quite nicely. These houses r+ill not staad f4reVex� �0 ��i�laed the people of the tdrnad�, and the talk tiien af urbaa renee��++al. K� a�ia h� considered caasnercial zoning the hiqhest and best usc• for t.i19 1M4� �,�@ p�,�ir►q Ca�aission bmught in a planner who d�veloped sase plal�,s. �9 � �pNed o� tiie o�rezhe�d projector seme of the alternate plans that vr�re . pr0$OA�ed At Ch=t t� •� He said he ob j ected to those plans, alo�ng �►ittl � �so� ',`;;�� O� the 8lanri�nq C�ission and Couacil members. He said in his apinipn� tliQ �=r BlAA thA� Mas a�d�opted Mas the best plan that could be devised fos ttiis a1rqA. �, Ha A0.id he has explained the plan and he knew that Mr. Ankrum explained �he �,�pp �,o ar►yone that was interssted enouqh to que�tion it. Eie did not �i� , ��e ti►�s misled or cheated. E�e said that since the tornado he has sezy�d qA q s�Oq{�tittee for the comr�unity. At one time it was difficult to qek qut vf �,j,� pZ'�� Ot iiyde Park. then 3rd Street was put in ovez some of tt►e �0�1@ �• '±� � Pb jlQ�►lOns � and now he finda t1�at the PeoPle�� a�°�it�He�added this isstt� . .,� t�e �spyement of 3rd Street are the cnes � XA� Aati b�9ht �OUt aqain by him, but by lyr�. O'Berq. He sai� be Mwuid like �!�a ��y� j,t ppt in� but he is not pushing it. I Y,. �7c; P�Nly1c soid �t thsy are already assessed for the slipofi, aad Ao'N t�14:'� - Mp�� p �ottaer etzeet aa:aasmeat on top of the price of the pro�es'ty rheA ��Y g$l� ��,' He did aot think it could be sold. l�ir. Schmedeke $a1d t�� a :�; ��pi�j, �seosmeat would jast ba tacked a�to the price of the lot r+hen it i� �' �� j0 pol,nted out the high cost of the ca�mercial lots oa the e�at IF��e ;._'�:� O� yi3l�OSS.�.tY Avenue ar�d said that the assesssed �►aluation ios �► 40' �?t XAa ,°,� �Dpqt �a�000► but could probably be sold %r closer to S7.000.- Y,F �� L,�i {�iuggli� 6030 2nd Straet N.E., said that possiblp ��i¢ x�ii p. �: �l1�i'�rl a1iC sot�+s aill make a lot of maney. The com�e�rcial area acrps• �'� �kiO4� ��.. �"'1 xA: Y��Y ��ive. He said he has been left 1tisa9iA9. althoug� he �4 :". #j�i'��►t� Che Council's zeasoaing. This delay has cost him �any tiee• t�Qi'� �� : -�� t has cost Mrs. O•eerq. Na ssid he Mas in tavor of thia propos�l� beQoli�� 2�i �elieved it bPs*_ l4r.the area, ana everyone vill ev�uutually � � �1�=�t % ��: _ ' r/�"` ;`:� .:,.. � . . .� ji�GV�AR COUNCIL MEtTZ!dG OF JULY lU, 1�7� pAGE � � ' BETITZON #i12-1972 - R,F�►JESTING l.E:;c iNUING THE SFX�pNp PlWSE OF CIRCI.E �LOi�1 PIAN IN HYDE PNiK ADppTi:I� BY Rt S7L►.'T IOt: s 19d-.I �v9, 11-3-69 t � - - - -- - - --- -- �. AiOT��N bY COI,{=iclltnan Mittelstadt to reccive Pc-titivn 1i12-1972, Seconded by 1�9�a�ltqsn Utter. Upon a voice vote, all ayes, Mayor Liebl d�clared tt�e iPQt�OT� o�ried unanimausiy. � M�TI�N by Councilman Mittelstadt ti.at, to be consistar:t with the thinkinq O� ttlB p�st Councils, it is in order to initiate action to start the se�or►d pt�p�e o� the cixcle flaw plan. Seconded by CounciLnan Breider fot disqut9��pn� G9i�i�G�3A{dr� Sreider asked if the norn�al procedure would not be to pass � i'e�301p�ipn. The City Attorriey said yes, the resolution would authorize ��q ta St� a4Q�it�nq the right.of way. CounciLna.� Hzeider said that ther� j�3�@� �e tesOlution is bzouqht back for Council passaqe, he woul� like p . i1e�lGr�ptio� of the project included in the resolution. THA yOTA VPON THE MOTION, being'a moice vote, all ayes, Mayor Liebl dec�ar� t2�9 ipot�vn csrried unanimously- • RE�__U£ST FO'ft WAIVER OF PpRTZON OF SE(,ZION 16, PMAGRAPH 5, ORDINANCE �435 XICATING LZ Ri• ST BY MR. `iILLIAM WEISS AND BERNARD G BLACK�� w„�_�_CREEK INSURANCE AGENCY: -- • 0�'• J�ql 81Ack, Rice Creek Aqency, said there were a couple of sentences iq the pFdi�3a�c� pertt�ininq to liquor liability that they have encour�tered dif��ty Kith ?�ect�use of the Iimited insuzance market � this area. At present tj�ei'0 Ai'a oA2y three can�atiies �rs�itinq liquor liability in Minnesota. These ce-�pie� �1 1�tiC� Similaz policies and they are all inflexible as to any aadili�atiOna CO th� ptandard wording as found in their policiea. The two se�tences tt3eY 1+Ibpld like waiyed are as follaws: MFutther, it shallrprovide that no payment by.the irisurance compau�y Ph413� lA �ny autnner, decrease the ooveraqe provided for i� respect tp �T�y ptha� claim oz claims brought against the insyred Or �eFp. A��el^, r �i �d r'�e licensee and the City-shall be named as joint iniuseds on t,he.�.li�pil�ty isausance po13c�►. � � . � . . � _ � . �YQr i�lebl psked the City l►ttorney i! ha �aq�read with this waivez anq the City �tosnoY repiied yes, sad suqqested that someone vith �cme insur�c� pq�. . �i�W14 �hovld malce aome anqqastions %r �sending that portion oi ttt4 osdi�i1i1c0 �! it la u�realiatic. 010'i`xO�i by Cotuieilman Mittel�tadi to waivs ths tMO sequiremer�ts. as noted abvryf0 Md �Mts'uct the City Attorney to" atart �+�osk on a proposed amen�oent tV t�t �. � �i'�,�p� p! Ordinance N435 so.it could be included in the oodification. . Qpi�� bY Courscila�ac� Otter. UpoA a troica v�ote, all ayes, !layor Lieb; d�p�� d motion aarriad unaiaimousiy. .. .. �_ ,......::,. . ,� .. � ¢�:�s'� [ ��,. . �. ' .�.. ...,ia S:.- �y • � ,M ,. ... .: „ i - > ,: �� .� � - :r.. �. .� y s x �, w. _'.xt . . . - � � ' . - • � � . � . ' � - � � . . . 'I.� . ,a�;�r:n3'�`^+ 'h'- r/ •, �i/yi�W iYi�YiC fiirY�� ra4E i�. �\K �i C+ � S� f., � rl►4� 9 t � ' � Nr. Si�ns askad vhat hi� aas�ssasnt vaa. Ne vas told, att�r same co�putationr j' ��5 totai. IYtr. ginaons said ha is b�iag told to pay 5755 ior samething ha doe• � �►t want an� never w�nted. H� asked ho++ he could cantrst this asseas�nt. Ae add�d that the contractor did a poor jab. he co�ld h�vs at lea�t tutva made hi• � l�rn l�wl. He �aid h� Mas short savaral loads o! dizt. They did w poox job on L3,s dsive�+ay al�o. He al�o reqisternd a cce�plaint on the �peed oi the cars. �He eaid ha has cosplained to the Police Depaztsent aad �+as told that the Police ptiiet` does not believe in radar, when he requested that it be set up. These st,reats are used as a apeed++ay and he just could not live thaze m►der tbo�s oonditions vith tw�o little boys. He questioaed vhy the atseat vas pat in dhere it vas instead ot behind the D:c Station. Zf it vas put behind the Texaco Station, thsre aiauld be roam behind th� DX. Th� City ]lssessor pointed out tbat there va� mlao a. lettar o! obj�ctior� ls+ow Mtt. BeA Mathisen to sec�ive. � � . MDTIOi�T by c�uncilman tJtter tfl rec�,ive the letLe� o� objectioa to the ass�aa�asAta �s+as Mra. B�a Mathioen. 348 57th Place l�.E. • d.aLad llay 8, 197Z. ` Secva�dad hY Oouacilssn Breide�. Upon a voica vc�te, ail v+otinQ.aYe..Pi�por Ltabl daclased the �otian carzied. . .� : � Kayor Liabl asked it the aitre�t is.lroo close to Ms. Sia�on's hae�se. The City Enqi�eer �aiA th�t ao property Mas taken fras Aia.; �ra City hrid avquis�d � lota �"� ' �• 3 years aqo. Tbez� v�sre a n�obar o! plans su�itt�d to tt:s Co�ascil and .i this Mas the o�a ti►ey chose to adap�. The obviaus beaalit is tt�at 4tb Sts'eaL liould sun �traiqht twsth-vithouL a joq. and these Mas alraady land available. � i � a�ded that tber� vas �ore l�nd available behind the Twco Statiou�t.hae� b�hind the DX. TLa City llanaq�ut iddad that his stat+att �as 3ACOSr�Ct� • Ttidl�y do�� use z�dar aad he would �e� abait q�ttiAg it �et ap in ti�at ts��. � i Ot vours�, vben a apeed�r seis a ararked car. he anto�atically slws do�n, ao p�ot too �nay vill 9�t oauqht. � - � � ► . � < �; �' . . , �`' . .;, ' . � 0 60tb 7lvsnus Slip-OlEr Fraa Wnivenitv Avenne to 3z� Strsst =t Mas poiat+�! out that this vu tha aaau iAto tb� oo►�saial as�11 ita �1� ��slc• llpyos Li�bl aak�d th� total oo�t aAd ths City 71sNSSOr r�pll�d S�l � S11 • 09. - Z'M roll �. sv�s Mith th� �nli lsontaq� a� 3zd str..t b�iag asa�sa�d at �9. Z6 pRs loot �ud !h� lota iraatiaq on 2� strMt oz► tha �ast sid+� at �!!�s vost� o= �4.6.�. Th� rrt�t sid� o� 2� Sts�t bas not incl�rdsd as thia a�c+�a i� Aat �4 i �� • ' : . r��; J�. Dal� Bakk�, S80S 3�rd StrNt 1i.E..asked hav lo� thay could slap lA�. '� ` dt� oot kt�o�v ii th�y ahould i�qps�wa t2r�is hooss or u��. TbaY wuld bst� to �d tbs aroa�y aud t`a�n lind t�at laris laad fr �rant�d br sa�a oa�ssoial �1o��ss. 1{�Qs Li�bl �aid tbat h� � lhat b7 1975 t]is s�on�d Hyds Park as�a 1/�13, � Qsrilopsd to c�o��raial. - �* ��q 1ln9911. 59�9 3s/! Sts�t N.E., uid ha aeted Lot� 27 i ZY, AIOCk u� gyd� P�rk, a:W a�kM i! the oziginal p1aA !ar tbt slip-o�� and loopb�ck•A�s � bMn �bandos►ed. Th� CitY 8n9i�s �xplaiaad,tLat vhan thi bsasia9 M�s M14 � Oo�ncil ard�s�d tb� slip-o!! aad loapback. Lat.�s on� the decisia�llaa �� . tbRt'the Mhol� ia+pso�reasat raa too biq � bnsds� an tM ��oe� o�mes� IWd q�� 11it . eh. .liy-o�� .honla b. pnt � sa .o w. .re. .wula be �p�d v� • Then l.r..s, A� ��,p�pL �lO�=�iNtl. tbs �� o! the imps+orssat: Qan b� pv� iu a� p�o4� °` � it 1� Ao= �bandos�d• on1Y �t�9'b. MaYor I.1�� ad�d tbat th� 60tb �1l,p•0!� . �pu� �pt in la t2N hoPe it Mould au8d incwtive towrd �w �+v�lopMpt. ..N � . : i . " � p1�CIAL P�IBLIC HEARI.VG 1�::1 I . _: OF M.1Y b , � •? 7 �• � . � , • ` YAGE 10 Mr. Muqgli said he has nothir�� nqainst U;e project of.:tli� � t.hat has t,eFn done, +�rs.i that this is the plan the planninq Cca�c�ission felt v�,�.�e �st, .but that parL of the project left to he done involves only him. Naw could he sell hia property ae the buyer may hdve it far only 2.-_.� Y��s? He said the � plan ihat is done is doinq nothinq for the ar�a a��it is, b�t he o�ld see the puint th�t it �ua�► ir.�;:ca s�:::G::a i::. ti._ L�33, f�r �-.i:r•:.elf, to get� o�t of hie property the �.ay it is now, he needs thre� eyes, ti�c uccess ie ve:y. diificult, and wh.�t ha� been doae so faz hag cc.�:�,��.�i4d ti;e proLlem. 1i the lan he ti±i 11 have to ;�ay the assESS.::ents , ar,u if and w!�en :iis p � 9�s �r�� thuse a:�sessments wi 11 t,ave to be taxen � into considerationr� Hetsaid hte co:ld not do anythinq witi� his pr;,�rty now. He said vhatever he has to pay, the �'jtr will h�vc tG pay. t:iu back �rhen his pr�y�:rty is taken. The City Attcrne} a3vised him that is star�dard �zxedu�e and he will get credit. 3[r. Nnqqli uKkpd why h� cf��?� nc,� :F.± ;,ny .v��W�- can vhat !e Zn to ha whan. N.tyoY LieDl eeid t2. r-� canl�t .�� r;r;swered ��til it i� kno�rn �•l�4t type o� development will be yoing #_�. It may t�e that a A+�vc+loper �u?d want to ra�e in an�d buy the wr,ale black. Tl�+y City At�cr33ey talc3 Mr. i�yqqli that en appraisar •�+r►uld detanu�.ne tlie value o! the land, then deduct tha ynpaid bale�cb on tha a�aessmenta. A resident of Hyde Park aske3 if 3rd Street would eventually be oae ray.fr� 60th to Sgth. The City Enqi�eer pointed out the projected traffic flw on the ��gn• The resident augqested there should be a�top aiqn � 3rd Streot by the a�'�nts u there are many emall children. Mz's. 11a�c Barker. 5800 3rd Street N.E. , said she i4 a widw � Social Security, and it is hard to maka ends meet. She asked hoy► �ch more she �anld be taxed. �Yar t•3eb1 safd that perhaF� the whole 5800 block could be sold for a con�- aercisl devalopnent, tben she vould have to move. Thera is qui� a bit ot aifference betWeen the oost of oommezcial and zesidential pzoperty. tuhen the �tu�cil approved this rezoninq two years ayo � the� y� q�ite a?�assle, and �t r►ere ir► iavoz of it, but see�e were vezy concerned ��, �e assessments � Thie is vhy a11 the improve,•e�n� were not put in at onca. This is a apecu- lative opesation. Mrs. Baiker asked what about curbinq and side�ralk?.�Mayor Lieb't a�nid there kould be no eidewalk and the curbinq �rou1d depend on �t � tYPe oi dev.zlopAent is ar�ticipated, snd who buys tbe preperty. MrB� ��er aaid tiiat it is very hard to pay these special asse�smente and taxes besides. �7(0= Liebl aaid that this rezoning tripled the land value and that be thouqht 1n tiva yee,ra the property will be dev�loped. Ha thouqht tAe people owning l+�nd thould get toqetAer and eee what could b�• dona. The City is not in the dsvalop�ment L.:siness, but this rezoninq was done tc expedite the developmeat� 11 resident askeca wha= is proposed ior 2� Street and 3rd Street natii. The City Sn�ineer said that the improvemeQt ie not a part oi an 1ACluded ia s 10 ysar �treet ��ent Y P�ject naw, byt it is e �±sYa� Perk, resonin . � Pr`�='81° �t Maa adopted before the g Accordiaq to that plan it w�u�a be ��idered id I975 or - 19�6. The. seeident ssked what kind of contzol the Planniriq Co�amission iiaa owr vhat wovld go in. Mayor Liebl said the people have the contzol, not the Platuiinq Con�ission. The P��LY is zoned cosamercial and any business that �sata all tbe criteria laid out in the ordinanee coula �ame it�. T�re �e manY sa�equasd+� butlt into the ordinance ouch as aqua�re tootage,��ideyasd and set• back rsQnl�eiaents. It is the Pl�nain9 Com�i�sie�•s dyty to aas�sa ordesl�r � a� �"'\ SPECIAL PyBLIC HEARING I�rING OF !!AY 8. 1971 � F� 11 development. The resident said that it was a good plan, but be vould not waiit 1� helter-skelter bunch of buildinys. Mayor Liebl said that�ihe develop�oent MOuld be gt�ided by the ordinance and zeviewed by the Plar�niny Caa�issioq and �t►e Qov�Cil. Ii a developer oomes in that meets all the criteria, the Council Ape• not h�ve the�authority to stop th�m. The City Eaqineer added �t these �e �tandards in the aoning ordinaace ahich control vh::t the land could be v�� oz. � �. Richard Torqeson, 278 58th Avenue N.E., said that he must pay abotit $1600 �d �{rg. Barker about 51000. The City Assessor added that there are po Stdto i1iA funds used on this sectian as it is considered co�ercial pr�esty. �'layOr Liebl �aid t,hat there is no aubsidy for coaenercial propezty and that the improve- �srat �+�ould not have be�a put in i! it waa not o�mmsrcial. !layor Liebl sa�td �k �e se�ident� will have to pay foz tbe assessment, but it it is sol4, the d�yelpper w�uld assume the reaponsibility. Ss suggested that lsr. Torqesoq tind� Qyt� 1+hat a 40' ca�srcial lot a�lls %r. 1► resident ask�l ii his Aeiq�bors oA �Otif sides Qold their property, oould the Citp Conde�n his? Tbe city l�ttorney 7�aplied Ao and the lrlayor added that if a qood price vas olfered, it lroqld be ' pcfi�t�qt�►yeous to coaperate with his neiqhbors. . Sidevalk �om Oniversit Road 11 � N.E. , "�'k C1Cy Rn9lnees s�id that the psoposed assesaaent !or ths�sidawally � aS.70 � �=OOt� I� ia all a��e�aabl� as it ia all coasnarcial propertY ezld Chf: �� AO S!►+tte Aid lunda nsed. Mayos Liebl uid that bs h�d recaived saos valls � �pp�e�liq9 �ho sidwalks being beside tha tire hydrarits. The City F.tl�i�ee= #�� ; . ��y �►ill b� selocat�d. Thep are vaitiing !or _ t�SSP to aav�e tM�s poles Iti�d ' p 1 P '� w1l�i�lOCation o� the hydsanLa Mill be� ta)cen care o! this spzin9• fle sa�,d �a10 ;�;.'. �,�f�o�� o� t� sidswalk were alrasdy ia plsca and this is a vc�tiuuttatloA Ot . _, . �,,,,� �. . • . . . . �; I _ ...' � �� 0'oa� RY�n, 6)89 uns�.rsity 1►wnue p.a., aala tbat bi• ps�op�cty N� Ilb@{iC 10 =N� j� !bd o�rnes aad ask�d i! h� Lad to pay and tha CitY 1lsaes�i i�1�s�{ t�� F t: r. �. + SPECIAL PUBL,* e� ;;EARING Ht f.:.: OF tAY b. 1•? ' � F•AGF 1� MJTION by CounciLnan Brei3er to close the �.+�lic 'r�earir.g wi the ass :s��t toll,for Street Improvement Project St. 1�71-4. Sec�ade� by Counciiman Utter, Upon �a voice vote, all. voting aye, Maycr Li��bl d�clare<� tjie n�otioa carriad and the hearing close� at 10:G9 P.M. . PUBLIC fiEJrs"r.iti,� �i:� 2'atylw l'1;,: ftr.ATiiEft la; .� j�,t,idlil I�:.: ": iv1i, r. S. � i 2-:il L . BY MIKE O'BAf7tiON: !�►.YY'ION by Ccwncilman Breider to disper,se Mith the reariir�g of .the public #�e�ipq notice. Seoonded by Counci]�an utter. t;F.o� a voice wte, a11 ayes�_Mayvr Liabl doclsrad the mutioa csrried. ' Tha City Engineer showed the plet oo the easel and.�aid that this i� !!s. � O'8annon �� ee�cond pha�R ot hi• project. T`�e anty ehar�qe that haa be+�n made �is thxt the acceas ta Ce::t.ral Av,I:t3J by the church prcF•�rty ha� .bQen .ali�inated t�nd the atrse t ends in a. cu 1-da-sac, nnd exits Lo tha vest ori : P.�n jaa►i.� Stteet.. Just to the south of t�is plat,.th�ze ..F a laa arBa ti�at vill creata expeas,ive stona sewer proble.ms, sa �::haps consid�ration �stiould tia �gfven to using it as a retention br.sin and park pusposes. . Mr. Nike O'Bannon said tha� that low 3zea, about 5 acres, covld :� acquired #�Y tiie City if they w�ould like to put it in the budqet. He said he w�ould not pe able �t:o develop that law area until som�ethinq is done with the Chies property. It hua been sitting as it is for 4- 5 years alrea�dy. l9ayor Liebl asked if t�e plat �a approved, can the property rrithin the plat be developed pzoperly? MT; O'Bannon said_yes, the sewer and vater utilities�will be put in to City specifications and undez the supervision of Comstock and Davis, Fzid].ey'� Consultant Engineers. The Councfl indicated they would like to jutve 1�tt. :` � p'Bannon dedicate the law �ive acres to the Ctiy for a retantion basiA �r�d � �rk Purposes. . lqTION by Councilman Brefder t�o close the public h�arinq on the fir�1 p1At� lieather Hills Sec�nd Addition, P.S. 1172-01 by Mike O'Bannon. Seconded by COt�3Cil• �aq IItter. Jpon a voice vote, all votinq aye, Mayor Liebi declared tpo �qt�o�t11 Ca�c�ried and ths hearing cloaed at 10a18 P.M. � . Oouncilma� Hreidez asked Mr. O'Bannon it a delay oi a� week fos appsoy�l p� tba plat rrould cause him any hardship. He said he �rould sather M4it vRC11 �fi@ ie9l�las' laeetinq oi the 15tb with a recan�oendation i.►am the City Laqineer. Ms. p�8annon said he has not aold any lots yet, �o there is no special hurry. �UBL2C HEARING ON VACATION REQUEST SAV �72-03 HY GQiE HETIAND FOR VACATION OF' 'I'Wi0 ALLEYS IN BLOCIC 7, �NAWAY AUUITZON. GENERAI.LY I�OCATED AT 7753 BEECH STREET: Ma�yor Liebl read the public hearing notice aloud and ti�e City Enginees shvwed . � location on the overhead projector. Ne reported that the request �8 =o�' � vACattiort of Doth the east/wast alley �and tiie north/south aliey. The �+es�eslY �j o� th8 block is developed and the easterly �i is vacant. Z'he zecva►�,ettdatio� O�, the Planning Co�aission is !or the vacation of the north/aoutts� �l�ey � �etaininq the east/west alley. There is one buildinq, at Inveqtot�s �y�noerinqr 7733 � 35 8eech, which does not have adequate parkinq which cou2d use t..'te �. p�l8y �Or access, A peLition has been �igned vhich 1Adicated that AqBt p� the 8@ppl8 dp not want the alley opened. y, r1 � � � �; 9 � . �� i`� � �� jC 1 e � �� \, PAGE 27 gE(UIi`R COUNCIL MEETING OF MAY 3. 1971 2, A RE UEST FOA A VARIIINCE OF SECTION 45.053 4C FRIDLEY CITY CODE, TO REDUCE THE RF.AR YARD DEPTH RE UIREME�iT FR� 25 FEET TO 19 F'EET 7 . INCHES TO PERMIT TEIE �ONSTIWCTION OF A BTiELLZTIG ON PART OF LOT 5, ELWELL : 5� RIVE��E HEIGHTS THE SAME BEING 161 Ta►I1"lADGE WAY BLOCK 1---^.. ..�„�*ccrrrs /REni]EST BY MR.. WILLIA."! DIECK. 2410 r1._ E., ARD11N : The City EnqinPer said that Mz • Dieck has � a l�tter f rvm the� pzopertY o�'�er behind him and he.has t� objection to the variance. He sha+ed ti►e Council photographs of the property. MOTZON by Councilnsan Harris to grant the rear yard depth variance to � voice Williaa� Dieck as iecaa�ended. Seconded by CounciLnan Kelshaw. uPon vote, all voting aye, Mayor lti.rkham declared the�motion carried unauimarsly. MOTZON by Councilmaa l�elshaw to zeceive the ltinutes of th� Board af �►PP6als � Meeting of April 27, 1971. Seconded by C�n�ilman Liebl. Up°a s voice vote, all voting aye, Mayor Rirkham declared the motion carried u�ar�im�u�lY• �'� �''� CONSIDERATION QE' PUR�III.SS � PROPERTI! AT 5981 jia7 srui.as .••�-•••-- ------- � these lots rrere still R-2, because The City Attorney said that technically ' ahen the Couacil rezoned thi� area. th�se lots aere amitted, hawever, if this �t to court theY v�ould argue that the re�t of the area was sesoned � and the City did-it so ae not to have to pay the aemnezcial price. rice had beea. 1l�a City �ttora�y rp ��Couricilman Narsis aaked Mhat the original P ht that sai� he believed he had a�kad for 517,000. Counailman ��l �0�1 1$15,000 r+as a fair pzic� considerinq wt►at other lots have�so2d for �:this � area. Tha City ALtarney said he thou9ht if they condemaed tbe land. they RECEIVING BIDS - TO�WING CONTRAL.'T= pay Call: Niqht Call: Snvwnwbf le : lbtorcycles: Snowbirds Trailers: Accident: Police Cars : Inside Storaqe: Outside Storage: (Bids Opened 1:30 P.M. May 3, 1971) Shorty's Tawing Service 5755 University Avenue N.E. Fridley, :�tinnesota 56.50 $7.00 SS-� 56.50 S7.50 S10.00 per hr. depending on size S12.00 per hour No bill Pxcept under warrar�ty S3.00 S2•00 The Actinq City Manager said that Shorty's lbvinq Service r+as the on1Y �ar�Y that submitted a bid. He said the specifications wese ba9ically t,}1e iaana as previoualy, and he reviewed the bid pricsa fos the•Council. MOTION by Counciln►an Harris to award the tawinn a� Cet��eshailyvotingi� S�rvice. Seconded by Councilman ezeider. Upo �y�� Yor K3,rlcham declared the n+otion carzied unanimvusly. r � ;i :�;. -_ REGUI.e1R COi1NCZL MEETING QF MAY 3, 1971 PAGE 28 posaibly could qst it !or lesaf however, vheu you add the:costs for the condemnation, he was not sure they would save that much, as.he has not done a etudy of the property values in the ar�a. Councilaian Harris felt that the Council Mould be open to critiai�m if they paid mo=e than the - going market rate for t2►e property. The City 1lttorney said �that the City would qet riqht ot er�tiy once the papers were iiled so cond�natioas w�ould not hold anythinq up.� Mr. Eldon 9chmedeke said he.thouqht�the honse i►ill be in the way and �aaetbing. shculcl. be done: as .soon. as �possible. � MOTION by Councilmaa Harris to eater into c�ndemnation provaedinqs to acquire the property of 5981 3rd Street N.E., Seconded by Couacilman Liebl. Upon a voice vote, all votinq ayQ, Mayor Kirkham declared the motion carried unanimously. REPOAT ON STATUS OF CZTY•S FOR ACCESS PERI�T, T�.H. �47 SI.IP OFF AT 60TH AVENUEa ' The City Enqineer said that tbe City had recaived a copy of aa interoffice meaw in regard to ti� City' a application to the State Aiq2nrap Departaaent � last year for a slip off at bOth Avenue. Uie still have not raceiva per- mission, but this is to qet pezmission qoinq. Ttie City Enqinear said that if Mr. Schmedeke cauld qive the City a letter about his plans a� what he has on his prc�erty, and if he talked to the other businesses in the area to qet lettera in to�be sent on to the State, we may be able to coavince them that there are enouqh caamilments to open up the slip off. He explainad that it was not the local office but the Federal Bureau of Public Roads that has control on it. llr. 5chmedeke brouqht forth a lcttez he had writtsa to the City Cauncil tbat caild be forwarded on to the Minnesota Highvay Department. MOTION by Councilman Liebl to receive the co�unication from Mr. Eldon Schmedeke da�,red Play 3, 1971. Seconded by Cauncilman Relshaw. Upon a�noice vote, all votinq aya. l�yor 1Cirkham declared the motion carried nnanimously. MOTION by Councilm.� Harrio to receive the camunication irom the Mianesota Hiqhway Department dated April 21, 1971 reqarding the slip off at 60th Avenue. Seconded by Ctiuncilman Liebl. Upon a voice vote, all votinq aye, 1�layoz Kirkham declared the motion carried unanimously. Mr. Schmedeke suqqested that the City llttorney wzite to the people ia the area to qet them to write lettars to the High�ray Departxae�t to help pnsh for thia access. The City Enqineer felt that too much pressure aight hurt the City's cause at this time, but this can be dor�e later if the alip of! is not prxeedinq at all. The City Attornep sai.d he would write to the businesa people in tha area askinq them to vrite letters to the City, to be forwarded to the Highrray Depart�nent. RECESS: Mayor 1Cirkham callad a zeceea of khe Meetinq at 10:10 P.M. �� Meeting Mras recomrened by Ma�yor 1Cirkham at 10 s 40 P. M. ,\ .\ r- ^� i '� r'`1 � :� � s-'17•'9i 13:i�S F.� 612�1�0167� �'IC�IAd�y Campanies �� c:r!d c»-FU.i : a��T tv� r,i ntnh : i ht i i: HU��L .�DI il.f;5: F.i �� i;i;x ��!a n�urvr�i,irc u i:,, ntiea 5;�au ; r� i. r,�:-n m-n: iu� ! I ax oi: -.� i��.:iana C.hEDil C�f f If�(' S''inl L1�. C71 li tiIIAF:OPI I h17. ; bL11L AUI?I:I:;}�. I'.� �. I��,:'. :: u� ,�t;Nhdl nl'Cil IC. A4N SSJ.tU 1 PII. a1? �)'1 h'iN� t I.lit �rl:•'.�di•'�1'�'. March 15, 9995 Scott Hickok City of Fridley Fridley Municipal Center 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Hickok: � oc�zrcaaz FACSIIIAI�� TRAN�►MISSION As per our telephone conve�satian of March 15, 1995, we wauld ��quest fihat you iable aur request fc�r Special Use Permi� num�er SP#95�03 until yaur April meeting ar until such time as we have been able to me�t with yau to try ta address some af �,..� ti�e Ciiy's ct�r�c�rt7s. I Ivak fatward to meet�ng you or� Eriday, 6Vlarch 24, 19�5, at 10:00 �e�ll. Sincerely, LYIdDALE T�RMINA�►L Cl�, '� i v' , � � '��%i/ t� David il. Hoes�hen Director of R��I Estate QDH:bms'10 � �.a' � - FQfD � _ �° �LESS' aa�ucM► �� r+o�aox � ,/"1 Holiday, SP #95-03 March 10, 1995 PAGE 2 temporary Garden Center. The City Council asked for information about a permanent qarden center. Erickson representatives indicated that they were planning a permanent garden center, but did not have a timeline for construction. In March of 1968 Erickson Petroleum asked for City approval to relocate their temporary Garden Center. The file does not contain information about how this issue was resolved. In May 1970, Holiday requested approval of the City Council to alter their landscaping on 57th �venue to include seeding and to resod where their had been white decorative rock. Their plan also included the planting approximately 100 evergreen trees and replacing planting aisles in the parking lot with asphalt to facilitate sweeping the lot. Many camplaints were registered between the years 1967 and 1975 regarding poor maintenance of the grounds. Litter was a big issue. In 1976 Holiday is rezoned to C-3, General Shoppinq. A special use permit is now required for outdoor garden sales. i"� On April 5, 1976 a special use permit was issued with the stipulation: " This special use permit be.granted for three years at the present�location for a qarden center, at which time, a . decision be made by Holiday as to the permanent location would have to be made, and then permanent landscaping and permanent site improvement for this garden center be done at this time". February 27, 1978, the City Council approved a plan to permanently relocate their garden center. The new location was to be east of the store and was to be reviewed by staff annually. In March of 1978, Holiday requested City Council consideration of a modification to their site to allow a garden center. This request was coupled with a request for a building permit to remodel the exterior of the store and a variance request to . increase the sign size. On March 1983 the City Council approved a request by Holiday Warehouse to relocate the garden center to the north-east corner of the building. This approval included 5 stipulations. The stipulations were as follows: l. There be no outside storage within the garden center area, after cessation of this business and, when this operation is closed, the area be cleaned and cleared. � 2. Customers are to enter the qarden center from within the store, not from the outside parking lot. 3. The area should be adequately screened with a vinyl /"� Holiday, SP #95-03 March 10, 1995 PAGE 3 covered, no slatted, cyclone fence. 4. The special use permit is given for a three year period and will be reviewed at the end of this ti.me. 5. Compliance by Holiday with the terms of the June 3, 1982 letter and the provisions of the replat, PS #82-03, by October 1, 1983. The letter referred to in the last stipulation has been attached to this report for your convenience. In May 1988, Holiday applied for a permit to relocate the garden center from the northeast corner of the building, to the southeast corner of the building and to be expanded from 2,000 s.f. to 3,000 s.f. The City approved the request with 12 stipulations. These stipulations included: 1. Remove the existing outdoor storage for the garden center upon opening of the relocated center. 2. Petitioner to work with the City staff on upgrading the site�s landscaping to meet the City Code. 3. Petitioner to resurface the entire parking lot. The lot will then be restriped for 10' x 20' parking spaces not abutting a curb, or sidewalk and 10' x 18' for those that do abut a curb or sidewalk. �''`1, 4. There shall be no parking along the garden center's fence. 5. Petitioner must maintain al landscape planters and _ landscaping. 6. Petitioner must maintain a regular pick up schedule for litter and debris. 7. Petitioner to designate the southwest area of the property for semi-trailer parking. Semi-trailers are to park only in the this designated area. 8. A walkway is needed along 57th Avenue, the petitioner agrees to either installation or assessment of this sidewalk. 9. No outside storage within the garden center shall exceed the height of the screening fence. 10. A six foot high chain link fence shall be installed and slatted with tubular vinyl. . 11. A performance bond in the amount of #5 of the cost of the site improvement cost shall be provided to the City. 12. There shall be handicap parking along the front of the building. Holiday did not follow through with the stipulations outlined in SP #88-07. After 1 year of inactivity the City has deemed special use permits null and void. There was no indication that this particular request was processed. Once the petitioner learned of the stipulations they did not pursue the option. �` On April 24, 1989, the City approved a request by Holiday for a temporary fence installation to enclose the bedding plants for ^` Holiday, SP �95-03 March 10, 1995 PAGE 4 Holiday Plus. This approval was for a 30-day period.In January of 1990, McDonald's Restaurant was issued a Certificate of Occupancy as a new tenant in the Holiday complex. In 1990 Holiday requested a new special use permit, SP #90-04, to allow garden centers or nurseries which require outside storage or display of inerchandise. This approval was accompanied by 7 stipulations: l. The existing garden center fence shall be sidewalk/pavement area shall be repaired. 2. The shrub beds along 57th Avenue shall be mulched with rock and an appropriate weed November 1, 1990. 3. The dumpsters shall be screened by January trash compactor has not been installed. removed and the cleaned and barrier by l, 1991 if the 4. The petitioner shall work with City staff to develop a long- ranqe site improvement plan for the rear of the building by June 1991. Implementation of this plan shall be completed by August 1993. 5. The garden center shall be enclosed with a cyclone fence and slats. 6. Vinyl slats matching those of the garden center shall be /'1 installed in the c�clone fence surrounding the propane tank located on the west property line. - 7. Exterior storaqe of materials other than those used for the garden center shall not occur within the fenced area. This special use permit was not utilized and became null and void after one year. In 1992 Holiday received a letter to discontinue storage of assorted materials and debris in the parking area. The were also asked to discontinue outside storage of trailers located in the south parking area. Those problems were temporarily addressed and the problems have since reoccurred adjacent to the recently installed loading dock. On June 20, 1994 the City Council approved a request for a variance by Holiday Plus. This variance was to allow construction of a loading dock facing the public right-of-way. Six stipulations were attached to the variance approval. These stipulations were: 1. The pavement in the acce�s area immediately around the loading docks shall be strengthened. 2. The loading dock on the south wall shall be screened by creating the planting bed as drawn on the landscape plan. The planting bed shall include the following materials: � -- Seven Black Hills Spruce planted 15 feet on center -- Two groups of five 2" caliper Hackberry planted 15 � Holiday, SP #95-03 � March 10, 1995 PAGE 5 feet on center -- Five 2 1/2n caliper Autumn Purple Ash planted 50 feet on center. The plantings shall be edged by a 6" concrete curb and shall be sodded and irrigated. These materials shall be installed by October l, 1994. 3. The petitioner shall submit a phased improvement plan indicating the time schedule for improvement of the pavement, repair of the fence, and additional landscaping along the south and east property lines by July 15, 1994. 4. The petitioner shall submit a bond to cover the cost of the outdoor improvements for the stipulations #2 and #3 by july 15, 1994. The Bond will be held by the City �ntil all improvements are completed. 5. A directional signage and pavement marking plan shall be completed by July 15, 1994 to define the loading dock access/areas. Signage and paving marking shall be completed by August 1, 1994. 6. The petitioner shall submit a plan for general maintenance of the parking areas on the east and north sides of the building prior to July 15, 1994. �"'1 ANALYS IS : The petitianer is proposing a 21' x 60' Hoop House outside their fire door on the south side of their building. A Hoop House is a green house constructed of plastic and metal. The purpose of this greenhouse is to provide plant materials as part of the retail mix for Holiday customers. All plant material will be paid for inside the store. The proposed iaours of operation are 8:00 a.m to 9:00 p.m. The b�ilding will be secured during those hours where plant sales are not occuring. The Fridley Holiday has included plant material as part of their retail mix since 1966. There has been much discussion regarding location and permanency of the greenhouse/plant sales operations since the first greenhouse in 1966. Recent requests by other retailers in Fridley have resulted in stipulations related to permanently integrating the garden sales area into the architecture of the building. **STIPQLATiON** A permanent aecured qarden aenter shall be constructed by May i, 1996. This qarden center ahall include masonry ballards to match the buildinq and wrouqht iron fenae' intermittently spaaed between the ballards. A r"`� minimum 6� fencs heiqht ahall be required. Holiday has had a history of creatinq temporary garden centers � Holiday, SP #95-03 March 10, 1995 PAGE 6 /`1 despite concerns expressed by the Commissions and City Council for a permanent qarden center. Further, the petitioner has yet to submit the long term landscapinq plan as required in 1994. Specific landscaping standards and a plan have been proposed to insure that the appearance concern expressed by the Council in 1994 will be addressed. #*BTIPIILATION** A letter o� aredit in the amount of 125� of the amount of all outdoor improvements shall be submitted to the Citp prior to construation of the hoop house. The letter of aredit will be held by the Citg until all improvements are completed. In the event the improvements are not aompleted the letter of credit shall allow the City to aaaess the funds aeaessary to aomplete the items. RECOMMENDATION/BTIPIII,ATIONSs: Staff recommends that the-Planning Commission recommend approval of the Special Use Permit reqtlest SP �95-03 with the following stipulations: 1. A permanent secured garden center shall be constructed by May l, 1996. This garden center shall include masonry ballards to match the building and wrought iron fence intermittently spaced between the ballards. A minimwn 6' fence height shall be required. 2a The south wall shall be screened by creating the planting bed along the length of the parking lot adjacent to I-694. The planting beds shall include the following materials: -- Seven Black Hills Spruce planted 15 feet on center -- Two groups of five 2" caliper Hackberry planted 15 feet on center -- Five 2 1/2p caliper Autumn Purple Ash planted 50 feet on center. The plantings shall be edged by a 6p concrete curb and shall be sodded and irrigated. These materials shall be installed by July 15, 1995. A landscaping plan shall be submitted for City Council consideration. 3.. The petitioner shall submit a letter of credit in the amount of 125� the a,mount necessary to cover the cost of the outdoor improvements prior to construction of the hoop house. The letter of credit will be held by the City until all improvements are completed. In the event the improvements are not completed.the letter of credit shall �"1 allow the City to access the funds necessary to complete the items. Avenue HOLIDAY STORE SITE GENERAL LOCATION �F THE PROPOSED HOOP HOUSE (�ARDEN CENT�R) � Interstate Highway No. 694 Service Road � �s, ao� ssss c�� The petitioner has requested a Special Use Permit to allow for the construction and ` operation of a 21' x 60' hoop house (garden center). The proposed hoop house location is on the south side of the existing Holiday Store building. A general location is highlighted above. .; T` � NI LOCATiON MAP � , � �� sn a� i:: i'1 � � � :y era�t � f1 �A11 [�[9 !9 fi�R1 1 : �! N701 GLi � .�sm �,� iq�,'�ar. �s �. L-�� r�, R;`r�TS � L� afPl �w�i�� • � � �� aaF saira� s;+ts es R[a� e°� � � I 1��,�� ♦��♦v�s�s /�� ' , � ♦ F- 9 "� w _ W 8- � F y 4 u� � s H VAR ��94-07 Holiday Co. 1 Eo��cA� Ir�r` FR i' H , . � ._ , _ e .. �Y;,� �� 3� t "` � t�� H AVE `-°�°°----°--�::. %, 3 a � Nt = -i �.w .._... o..� �.._..._. � . 3 r:...F ,.a,..:; ._: o __1 __ / � r . i_i , 2i • 1�'f � , _ c . 1.�;•�. .r,�.`•�,, i ! ",�, 1,... . j - .. .. ` :� � . ; ' LIT E. ;52 'e „ � _ « = � � ,�� a LE A.G `�= ,� � . �� _9 z �Q • ' • ��LD �— – _ - - 14 i ? e : � �� .� Q K � `r ' LL . •.?^,y,3 _ �� -.i ,¢ [7 � � 'J f� � -- ' � " � i 1.; �! �� - -- ~ ' s r � ' TH AV � � ,; �. y �� „ , - �j41 'L z s ; .•�: •d.•. • O.' F iC• o. .o � 58 9 ' » � , b N , o '" ' �i?�Y �! �. . .� .,fa . A 9 ?�, "6143V�3 � �� 3 N Rt � �; P ACF N.E. Z ,E „�`� :4•?lb�• �i� ••r{ •�d�,56 t�0o/tr3��i' �io '1 O { 6YL �{�y� N� [�� 1 :'i. -/'�Y G Il• __ —_ _ ._ �_'__—____.__ '� Q ..-I ��2� � °; . - 1� �f,�� 1�,1 ' 1° :9 -8,�� :_ ..� o e28� e3 + N U E �j. 'ir 's _ . _ . r �► � .z � . _... . � � 2e �1 B :7 •L �f :t J 2 .o'' • � ~ - o W BR!DGEW C. ,� v�o• ��: • � ---= ---- ti r� i� tt h- �.Ti��:r�� e��i�.�� iv�. �•.�� S N�8 ii � :j� �•"•.��a}':'l.�.3� ��:1'�.!'i��l:�:��.'.J: �� A � .i.�' �.� ' .�T• i:�.�. .�.�i. ... ..�... .:.�......�• •:. •i�•.... .�. � . �. .� �ii ii � i �' •�•�•r� 1J'�'�'1��'r:i:.:.�'�"a:�::i:�::a 56fiH. AVENUE ,� i; .��;,..:� .�:..�:.....:::........... ,:. ,, . . �......�.,.,..�.,.,.. ..M;:..1.''�'G\':.::i:� i'�-�:l'i'T..�L'}: . 1'..�:�:�.i..::.,.,�.•...:. ' . ".,. • .�.•.•. ..,. .;.;. .,�;..., ��i�i'; ,� -��- �i;•-• 'i ] \'. l:�. �i . :l � � �:L'}:�.�:t:i :,.;..,...,.•.,• �i �. • •�,. �;�.•.•r.•�•.•• � � •j•�•)•'•��•C'• �.....��_ .�.3. ,j. .. ,. _ }. •� 1:'`.�'S:l:::•.'.':::.�%%:'�:%`i'„�•. �'�� r � �� r �� . �� `�. �' � � 3�,�, �►�, � �� 1�"✓� ,-�.a�� O O�� , �� v� � �"�' ''� �► •� �� A � ��, . � �� i%!� . • • � 1f � ''' q�' � � �� L� A Y�"'`'_' F „ _.�':i :�•?=� _ ----- _ __ 1NTERSTATE— HIGNWAY N0. S�� - _e — ��A . � _186. � f��i �, vy ' • � � ,U,a r� 6'.'�. • • • i� 4 _-T � CHERI i �- • -- T �aN� DISTRICT LEGENO �� R-t ONE FAMILY DWO'S ❑ M-1 LIpHT INDUSTPiqI ❑ . fj4 p-2 TWO FGMILY DWO'S 0 N-7 HEAVr INOUSTRIAI � .R-3 OEN. MUITIPLE OWO'$ � PUD PLANNEO.UNIT OEV. � �~ H-� qOe1LE 110ME�PANK � g-� HYDE PARK NHIOHBOpHOOD ❑ �- • P PUBLIC FA'CILiT1E8 � S-] qFOEVBLOPMENT OISTRICT � � ` �.._ �' C-t LOCAL BUSINE88 � O-1 CPBEK 8 RIYER YXE8ENV11TION � C-Z 4ENEHAL BUSINES$ '� O-2 CPITIC11l �REA � f... - C-3 OENERaL SNOPPINIi � t C-HI 6ENERA� OFFICE ❑ VpCATEO $TNEETS � • � • ' 17•ZZ I ZONiNG NtAP � . ,� ...� . r � i � �..� CITY OF FRIDLEY 6431 IJNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 � ��'1 '�� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached AdC1PCSS: Holiday Plus 250 - 57th Avenue NE Fridley, MN Property Identification Number (PIN) R 23 30 24 32 0005 Legal description: �ot 1 Block 1 LOt 1 B1oCk 1 TI�.Ct/AdditiOn Holiday North lst Addition Current zoning: Commercial �G 3 Square footage/acreage Land 755,00o Bldg. 188,000 Reason for speCial use permi� construct a Hoop House 21 x 60 Section of City Code: Have you operated a business in a city which required a business license? Yes No x If yes, whiCh City� citv licenses and state licenses If yes, what type of business? Was that license ever denied or revoked? - Yes No x FEE OWNER INFORMATI N(as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME LYNDALE TERMINAL COMPANY COMPANY ADDRESS 4567 West 80th Street $�.00min�ton, MN 55437 DAYTIlVIE PHONE 612/830-8700 � , SIGNATURE PETITiONER INFORMATION NAME ADDRESS SIGNATURE Z - DATE 02/O1/95 - rtment - DAY`TIlVIE PHONE DATE Fee: $400.U0 x .$1�.00 for residentiai 2nd accessory buildings f"� s� y, Permit SP #` _ �J -- � ceipt # � I �'1 . Appiication received by: � � :: � . � �: Scheduled Planning Commissi te: _ � - ` Scheduled City Council date: �� =�� . . _ � . . . . . � . � a�v, 2�� ;'1, � - _. SP #95-03 Lyndale Terminal Co. i-� LY,,dale Terminal Co. Judy Thompson 4567 West SOth Street Bloomington, NIlJ 55437 Terrance Miskowic or Current Resident 5489 Altura Road NE Fridley, NIN 55432 Current Resident 251 - 57th Place NE Fridley, MN 55432 Eldred Swanson or Current Resident 5471 Altura Road NE Fridley, MN 55432 G�s,� Harvet c :urrent Resident 2il - 57th Place NE Fridley, MN 55432 Kevin Raatikka or Current Resident 233 - 57th Place NE Fridley, MN 55432 William Talley or Current Resident 281 - 57th Place NE Fridley, MN 55432 Current Resident 215 - 57th Place NE Fridley, NIN 55432 ^� �� '��`1'Current Resident 255 - 57th Avenue NE F�ley, MN 55432 Mailing List Holiday Plus Store Manager 250 - 57th Avenue Fridley, NIl�T 55432 Mailed: 2/21/95 Thomas Gavic or Current Resident NE 5465 Altura Road NE Fridley, MN 55421 David Rustan or Current Resident 5735 Quincy Street NE Fridley, MN 55432 Richard Peterson or Current Resident 247 - 57th Place NE Fridley, MN 55432 Gordon Christianson or Current Resident 5487 Horizon Drive NE Fridley, MN 55421 Paul Beall or Current Resident 261 - 57th Place NE Fridley, NIld 55432 Brian Wagner or Current Resident 5479 Aitura Road NE Fridley, MN 55421 Bret Anderson 1425 Coon Rapids Coon Rapids, MN Frank Gabrelcik or Current Resident 5740 University AvenueN Fridley, MN 55432 Carmen Mack or Current Resident 131 - 57th Place NE Fridley, MN 55432 Current Resident 262 - 57th Place NE. Fridley, NIIJ 55432 Current Resident 241 - 57th Place NE Fridley, MN 55432 Hardee's Restaurant Manager 289 - 57th Avenue NE Fridley, NIl�T 55432 Richard Bistodeau Blvd. or Current Resident 55433 101 - 57th Place NE Fridley, MN 55432 Robert Russell 3025 Jersey Avenue No. Minneapolis, MN 55427 Burlington Northern 176 East 5th Street St. Paul, MN 55101 Current Resident 218 - 57th Place NE Fridley, MN 55432 SuperAmerica Store Manager 5667 University AvenueN Fridley, MN 55432 � � �M] Current Resident 219 - 57th Place NE Fridley, MN 55432 ��voline Instant Oil P.v. Box 14000 Lexington, KY 40512 Current Resident 217 - 57th Place NE Fridley, MN 55432 ?� Current Resident ,� W 210 - 57th Place NE �'� Fridley, MN 55432 Current Resident 5730 Main Street NE Fridley, MN 55432 Paul Laduke or Current Resident 216 - 57th Place NE Fridley, MN 55432 Rapid Oil Change ��,Saga Property Mgmt. Manager �' One Saga Lane 5701 University Avenue NE Menlo Park, CA 94025 Fridley, MN 55432 David Newman Planning Comm. Chair 7635 Alden Way NE Fridley, MN 55432 � �� City Council Members Twin City Tire 251 - 57th Avenue NE Fridley, MN 55432 Cattle Company Manager 5696 University AvenueN Fridley, MN 55432 Robert Bigelow 1621 Hillsboro AvenueSo St. Louis Park, MN 5542 Darwin Peterson or Current Resident 5647 - 4th Street NE Fridley, MN 55432